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2012 Supreme(P&H) 823

A.N.JINDAL
Tata Iron & Steel Co. Ltd. – Appellant
Versus
Prop. Ajit Cotton Ginning Pressing Dall & Steel Rolling Mills – Respondent


Advocates:
For the Petitioners:Mr. Anupam Gupta, Senior Advocate with Mr. Sharad Chaudhary, Advocate.
For the Respondent:Mr. Arun Jain, Senior Advocate with Mr. Vikas Mohan Gupta, Advocate.

JUDGMENT

Mr. A.N. Jindal, J.:- Challenge in this petition is to the order dated 31.08.2001 passed by the Additional Civil Judge (Senior Division), Amloh, striking off the defence of the defendants-petitioners (hereinafter referred as ‘the petitioners’).

2. Factual background of the case is that the plaintiff-respondent (hereinafter referred as ‘the respondent’) claims itself to be a conversion agent and trader of the petitioner No.1 Company and as such, filed a suit for rendition of accounts and mandatory injunction direction the petitioners to settle all their claims as committed and agreed by the petitioners. This suit was filed by the respondent on 22.07.1998 and the written statement was filed by the defendants on 19.12.1998. Thereafter, the respondent filed an application before the trial Court on 15.03.1999 under Order 11 Rule 14 CPC to issue a direction to the petitioners to produce some documents, in order to enable it to file replication. The details of the documents demanded and reply submitted by the petitioners to the said application are as follows:-

Documents demanded

“(1) Commitment register (Account books maintained by the defendants) showing the statement of accoun















































































































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