Case Note & Summary
The judgment concerns a Chamber Summons filed by the defendant, Reliance Industries Ltd. (RIL), in a suit pending since 2006 filed by the plaintiff, NTPC Ltd. (formerly National Thermal Power Corporation Limited). The suit had been expedited in 2008 by the Chief Justice of the Bombay High Court. RIL sought leave to produce additional documents that were annexed to the affidavit in lieu of examination-in-chief of its witness, Mr. B.K. Ganguly, dated 24 February 2015. The court noted that RIL had already filed three Affidavits of Documents on 31 October 2007, 3 December 2009, and 23 January 2010, and had amended its written statement twice. The additional documents were internally exchanged by RIL officials pertaining to meetings held between July 2004 and November 2005, and were in RIL's possession since 2004-2005, i.e., even before filing its written statement on 2 November 2007. The application was filed after the cross-examination of the plaintiff's witnesses was over. The court observed that RIL had made repeated attempts to delay the trial, including a previous Chamber Summons No. 2091 of 2010 filed in 2010 but dismissed on 20 February 2014, an appeal dismissed on 20 March 2014, and an amendment application moved on the day the plaintiff's witness was scheduled to be cross-examined, which was allowed on 11 July 2014. The court held that permitting the production of documents at such a belated stage would cause prejudice to the plaintiff and would be an abuse of process. The court dismissed the Chamber Summons with costs of Rs. 5,00,000 to be paid by RIL to NTPC within four weeks.
Headnote
A) Civil Procedure - Production of Documents - Belated Application - Order 11 Rule 1, Order 13 Rule 1, Code of Civil Procedure, 1908 - The defendant sought leave to produce additional documents that were in its possession since 2004-2005, after having filed three affidavits of documents and after the plaintiff's witnesses had been cross-examined. The court held that such belated filing was an abuse of process and would cause prejudice to the plaintiff, as the defendant had ample opportunity to produce the documents earlier. The application was dismissed with costs of Rs. 5,00,000. (Paras 1-10) B) Civil Procedure - Delay and Laches - Repeated Applications - Code of Civil Procedure, 1908 - The court noted that the defendant had made multiple attempts to delay the trial, including filing a chamber summons in 2010 that was dismissed, an appeal that was dismissed, and an amendment application on the day of cross-examination. The court observed that the defendant's conduct indicated a desire to delay the suit, which had been pending for 10 years. (Paras 2-5) C) Costs - Imposition of Costs for Abuse of Process - Section 35, Code of Civil Procedure, 1908 - The court imposed costs of Rs. 5,00,000 on the defendant for filing a frivolous and belated application, to be paid to the plaintiff within four weeks. The court held that such costs were necessary to deter abuse of the judicial process. (Para 10)
Issue of Consideration
Whether the defendant should be permitted to produce additional documents at a belated stage after the plaintiff's witnesses have been cross-examined and after the defendant had already filed three affidavits of documents and multiple amendments to its written statement.
Final Decision
The Chamber Summons is dismissed with costs of Rs. 5,00,000 to be paid by the defendant to the plaintiff within four weeks.
Law Points
- Order 11 Rule 1 CPC
- Order 13 Rule 1 CPC
- Order 8 Rule 1 CPC
- delay and laches
- abuse of process
- right to fair trial
- prejudice to opposite party
