IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL MISHRA st ON THE 31 OF OCTOBER, 2025 WRIT PETITION No. 42012 of 2025 RAJESH AGRAWAL Versus KOTAK MAHINDRA BANK LIMITED Appearance:

Shri Vishnu Prasad - Advocate for the petitioner.

ORDER The present petition has been filed seeking the following reliefs :-

"1. Issue an appropriate writ, order or direction, including a writ in the nature of mandamus, directing the Respondent — Kotak Mahindra Bank Limited — to furnish to the Petitioner certified copies of all the documents sought by him, by duly considering and deciding his application dated 14.12.2024 (Annexure P-4) and subsequent reminder dated 14.01.2025 and legal notice dated 13.02.2025(Annexure P-5), under Sections 74 and 75 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023), including but not limited to :

Loan sanction records and complete loan account statement(Loan A/c No. CE653995 dated

03.05.2018);.

All payment statements and disbursement details made to M/s Sharda Technical Services, Faridabad;

Supplier quotations, tax invoices, e-way bills, delivery documents, and transport challans;

Verification and inspection reports prepared by the Bank or any authorised agency;

Delivery acknowledgments, satisfaction certificates, margin money documents, and lorry receipts All correspondence, communications, and valuation reports related to the said loan transaction.. ..and to pass appropriate orders to ensure that such documents are made available to the Petitioner within a time-bound period as may be fixed by this Hon’ble Court.

Signature Not Verified Signed by: ANINDYA

2. Direct the Respondent Bank to produce the original records before this Hon'ble Court for perusal and necessary orders, to ensure transparency and compliance with law.

3. Declare that the failure and refusal of the Respondent Bank to furnish the requested documents despite Annexure P-4 and P-S is illegal, arbitrary and violative of the Petitioner’s fundamental rights under Articles 14, 19(1)(g), and 21 of the Constitution of India.

4. Pass an order directing that failure by the Respondent Bank to furnish the requested documents shall invite an adverse inference under Section 119, Illustration (g) of the Bharatrya Sakshya Adhiniyam, 2023; and further, this Hon’ble Court may, in exercise of its powers under Section 165 (Production of documents), require immediate production of the records, and in case of continued non-compliance, permit the Petitioner to rely upon the consequences under Section 167 (Using, as evidence, of document production of which was refused on notice).

5. Pass any other order(s) or direction(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice."

2. It is the case of the petitioner that the petitioner is the sole proprietor of a duly registered business entity namely M/s Shri Balaji Stone Crusher situated at Ward No.11, Tehsil and District Balaghat, Madhya Pradesh. The petitioner and his associates have been engaged in the business of stone crusher plants for several years. The petitioner's crusher plant is situated at Bandol District Seoni, whereas his associate's plant operates at another location in the same region. The petitioner and his associates independently applied to the respondent - Kotak Mahindra Bank limited for financial assistance to establish a crusher plant with an object of expanding their small scale crusher plants into a large commercial enterprise. Prior to sanction of the said loan, the petitioner contacted M/s Sharda Technical Services Faridabad for the supply of the required crusher plant machinery and submitted the quotation received from the said supplier to the respondent Bank. The loan was sanctioned on the basis of the said quotation. After Signature Not Verified Signed by: ANINDYA sanction of the loan, a specific condition was mutually agreed upon between the petitioner and respondent/Bank that the loan amount wil