- (1.) 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 account between the parties duly confirmed by the plaintiff for the period March, 1989 up to date. (2) Copy of statement of commitment party-wise with with covering/forwarded letters (Statement of Account) forwarded to the Deputy Director of sale New Delhi and Director of Sales Marketing Calcutta from March, 1989 up to date. (3) Copy of confirmation of commitment figure received by the defendant with the approval of Deputy Directors Sales and Director of Sales Marketing from march, 1989 up to date, received by the Jalandhar Office. (4) Copy of Rate tenders issued by the defendants from March 1992 to 31.03.1993. (5) Copy of Best rate received by the defendant company for each of the item of the tender for the period March, 1992 to 31.03.1993. (6) copy of Best rate received by Jalandhar Office referred to above and forwarded by Jalandhar office to Deputy Director of Sales, New Delhi and Director of Sales Marketing Calcutta. (7) Copy of approval of best rate tenders as referred to above received by Jalandhar Office from Deputy Director of Sales, New Delhi and Director of Sales, Marketing Calcutta. (8) Copy of letter No.S/VP/TP/25 dated 20.11.1992 duly received by Jalandhar Office from the Office Vice President/Chairman of the defendant company. (10) Copy of offers for the sale of raw material and finished goods issued by Jalandhar Office to different types of customers in connections with semies of different types and finished goods to Traders, Re-Rollers conversion agents for the period March, 1992 to 31.03.1996. (11) Copy of offers issued by the defendant office at Jalandhar for sale of finished goods, raw material from the stockyard at Ludhiana goods, raw material from the stockyard at Ludhiana and Jalandhar to Traders, Re-Rollers and conversion agents from the period from March 1992 to March, 1996. (12) Copies of offers from Offer No.BDM/OLX/92/00100 to B.D.M./OLX/92/00200. (13) Copy of delivery orders issued and invoices raised by Jalandhar Office in regard to offers referred to above. (14) Copies of offers for raw material for Spl. conversion to different conversion agents under Jalandhar Branch & Copies of IP Statement month wise submitted by conversion Agents to Jalandhar Office from March 1989 to March 1995. (15) Copies of Dispatch & Receipt register maintained by the defendant office for the period March 1989 up to date. (16) Copies of letters dispatched & letters received as referred to above maintained by Jalandhar Office for the period March 1992 up to date. (17) Copies of Serial No. letter file (letters dispatched & letters received) maintained by defendant company for the period from March 1992 up to date. (18) Copies of Serial No. (Delivery Orders) Serial file maintained by Jalandhar Office for the period March 1992 to March 1996. (19) Copy of detail of office note & copy of direction letters received by Jalandhar Office from Higher Authorities on the basis of which, Jalandhar Office directed Mr. Subhash of B.D. Aggarwal & Sons, the consignment Agent at Mandi Gobindgarh of defendant company, to give credit to the plaintiff for Rs.20.20 lacs and afterwards Rs.19.20 lacs. (20) Details of Office note or minutes of the meeting on the basis of which letters No.S/VP/25 dated 20.11.1992 was issued and started issuing offers by branches of the company as per Best Spot tenders price approved by the defendants & its officers. (21) (a) Copies of offer Letter No.3DM/OXL/94-43 dated 16.06.1994. (b) Offer letter No.BDM/OLX/94-121 dated 07.02.1995. (c ) Offer letter No. BDM/OLX/95/93 dated 17.04.1995. (d) Offer letter No. BDM/OLX/95/49 dated 20.11.1995. (e) Offer letter No. BDM/OLX/94-42 dated 09.06.1994. (f) Copies of rate tenders issued by Tisco from 10.11.1992 to 31.12.1992 received by defendant company. (g) Copy of receipt No.165 and 169 dated 22.02.1994 and 23.02.1994. Reply submitted by the petitioners "(i) The defendant company is not in possession of any commitment register, as such, the same cannot be produced. The plaintiff has mentioned account books maintained by the defendant showing the statement of account between the parties. The statement of account as per the books of accounts of the defendant company is attached herewith. (ii) In reply to the demand listed at Sr. No.(ii) in the application, it is submitted that the defendant is not maintaining any statement of commitment in respect of its customers but the defendant company is maintaining true and faithful accounts in respect of all the conversion agents send other customers purchasing goods from the defendant company. The record is so voluminous that it cannot be produced to pin point particular parties for production of their statement of accounts and that if the same is found to be relevant by this Hon ble Court. (iii) In reply to item No. (iii) it may be me mentioned that no copy of any confirmation of commitment figures is available in the office of defendant company because no such document exists in the office of the company. (iv) In reply to item No. (iv), it may be submitted that copies of any rate tenders alleged to have been issued by the defendant company from March 1992 to 31.03.1993 are not available in any office of the company. (v) In reply to item No. (v), no document as listed in this item is available or exists with the defendant company. (vi) In reply to item No. (vi), no such document exists. (vii) In reply to item No. (vii), it is submitted that no such document exists in the office of the defendant company. (viii) In reply to item No. (viii), it is submitted that letter as mentioned in this item is not available in the Jalandhar office of the defendant company. (x) In reply to item No. (x), it may be submitted that no copy of the offers are available in the Jalandhar office of the company for the period in question. (xi). In reply to item No. (xi), document asked for is not available in the Jalandhar office of the company. (xii) In reply to item No. (xii), it may be mentioned that the document asked for is not available in the Jalandhar office of the company. (xiii) Copies of the delivery orders and invoices as called for under this item, are available in the Jalandhar office of the company. The delivery orders and invoices asked for may be about 5000 in number for each financial year. These delivery orders and invoices are available in the computerized data and any item asked for with specific identification, can be produced after obtaining a print out from the computer. (xiv) In reply of item No. (xiv), it may be mentioned that documents as asked for are not available in the Jalandhar office of the company. (xv) In reply to item No. (xv), it may be mentioned that the documents asked for are not available in the Jalandhar office of the company. (xvi) In reply to item No. (xvi), it may be submitted that the copies of the letter dispatched from Jalandhar office are available only from January 1996 onwards and not prior thereto. The number of such letters is approximately 2000 for each financial year. Specific letter, if asked for can be produced by the defendants otherwise the record become voluminous. As regards letters received, the same are not maintained in a single file but are placed on different files after receipt. Specific letters if asked for can be produced after tracing out. (xvii) In respect of item No. (xvii), the defendants are at a loss to understand the nature of the document sought to be produced. (xviii) In reply to item No. (xviii), it may be entioned that the documents available have been mentioned in item No. (x) of this reply. (xix) Regarding item No. (xix), the documents asked for neither exists nor are available in the Jalandhar office of the company. (xx) Documents asked for in item No. (xx) are neither existed nor are available in the Jalandhar office of the company. (xxi) Documents mentioned against item No. (a) to (g) are not available in the Jalandhar office of the company."
(3.) From the aforesaid reply, it is apparent that the petitioners had made it clear that some of the documents are voluminous in nature, which would be ready to examine by the respondent in the office of the petitioners and some of the documents are not in possession of the Jalandhar office of the company. However, they had produced all the remaining documents, which were in their possession. It is also apparent that after the petitioners brought some documents in the Court, then neither counsel for the respondent nor respondent itself came present to examine those documents.;