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IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION)

THURSDAY, THE 28TH DAY OF APRIL 2022

THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY

A.No.1288 of 2022

in

C.S.No.759 of 2018

Mahalearning Education Private Limited

Having its registered office at G1, 22/43

TP Koil Street, Triplicane,

Chennai – 600 005.

Rep by its Managing Director

Mrs.Krishnaveni Kannan

... Applicant/Plaintiff

-Vs-

1. M/s. Mahalearning Tab India

Partnership Firm having its office at

D-44/3, East of Kailash

New Delhi

Represented by its Partners

Mr. Mahesh Verma and Mrs. Deepti Verma

2. Mr. Mahesh Verma

Son of Inderjeet Verma

Residing at D44/3, East of Kailash,

Srinivaspuri Phase I,

Delhi – 110065.

3. Mrs. Deepti Verma

Wife of Mr.Mahesh Verma

Residint at D44/3, East of Kailash,

Srinivaspuri Phase I,

Delhi – 110065.

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4. Maha Tab Learning India Private Limited

Having Office at

D-44, Second Floor, Sector -2,

Gautam Buddha Nagar,

Noida, Uttar Pradesh – 201 301.

5. Abbinav Chauhan

Having Office at A-26, Sector 17

Gautam Buddha Nagar,

Noida, Uttar Pradesh – 201 301.

6. Renu Chauhan,

Wife of Abhinav Chauhan

Having office at A-26, Sector 17

Gautam Buddha Nagar,

Noida, Uttar Pradesh – 201 301.

7. Avyyan Mahalearning Private Limited

Having office at A-26, Sector 17

Gautam Buddha Nagar,

Noida, Uttar Pradesh – 201 301.

8. Venkatachalapathy Educational Development Association

also called as VEDA TRUST

A Private Trust

Having office at

New No.2, Old No.7,

Indiraniammal Street,

Mylapore, Chennai – 600 004.

... Respondents/Defendants

Application praying that this Hon'ble Court be pleased to summon the

certified copies and following records / documents in Cr.Case No.8214 of

2018, Charge Sheet No.3 and Balance Sheet of 1^st Respondent firm for

2016-17 and 2017-18 pending on the file of the Hon'ble Chief Metropolitan

Megistrate, South East, District Saket Court, Delhi 110017 in the above suit.

This Application coming on this day before this court for hearing, the

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court made the following order:-

This application is filed to summon the certified copies of the records in

Crime No.8214 of 2018 and the balance sheet of the first respondent firm for the

years 2016-2017 from the file of the Chief Metropolitan Magistrate, South East,

District Saket Court, Delhi-110 017.

2. In support of the present application, the applicant states that these

documents were not in the power, possession, custody or control of the applicant at

the time of filing the suit. The applicant states that A.No.2610 of 2021 was filed

earlier for permission to produce these documents but the said application was

dismissed on the erroneous premise that the said documents were available with

the applicant when the suit was filed.

3. Respondents 1 to 4 have chosen not to appear in these proceedings in

spite of service of notice. Respondents 5 to 7 are represented through counsel and

have no objection to these documents being produced by the applicant/plaintiff. As

against the order passed previously in A.No.2810 of 2021, the applicant/plaintiff

filed OSA (CAD) No.160 of 2021. While dismissing the said appeal as withdrawn,

the Division Bench granted leave to the applicant to seek any other remedy

available under law. The present application is presented based on the leave

granted by the Division Bench. Although the application is filed for summoning

the documents, the applicant has obtained certified copies thereof while the

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application was pending. Even documents which were in the possession, power,

control or custody of a suitor may be submitted subsequent to the institution of the

suit, if reasonable cause is established. As regards documents which were not in

the power, possession, control or custody, greater latitude is provided for

production of such documents.

4.