1960 (11) TMI 47 - HC - Companies Law

Summary

Issues:
Procedure to be followed in the issue of subpoena on the Registrar of Companies for document production.

Analysis:
The judgment addressed the procedure for issuing a subpoena on the Registrar of Companies for document production. The application sought to recall a subpoena issued to the Registrar of Companies, West Bengal, and exempt the applicant from producing documents. The Registrar argued that the Master had no jurisdiction to issue subpoenas without court leave, as it would disrupt office work and public rights to inspect records under the Companies Act.

The court examined Chapter VI rules and Section 610 of the Companies Act, which grants rights for document inspection, certification, and court-ordered production. The court agreed with the Registrar that Section 610(2) was enacted to prevent inconvenience to the public and ensure orderly document access. The provision was deemed essential for public interest and efficient document management.

Reference was made to the Bankers' Books Evidence Act to interpret the Companies Act's requirement for court leave to produce original documents. Certified copies were deemed valid in evidence, but originals might be necessary in cases of forgery or discrepancies. The court emphasized that the judge should decide if original documents are required at trial.

The judgment highlighted the need for court leave to issue subpoenas under Section 610(2) and distinguished such applications from general suit-related matters. It cited a precedent emphasizing that granting leave was a judicial act, requiring judge intervention. The vague nature of the subpoena in this case led the court to set it aside and order the petitioner to bear their own costs.

In conclusion, the judgment clarified the necessity of court leave for issuing subpoenas on the Registrar of Companies, emphasizing the judge's role in determining the need for original document production. The decision to set aside the vague subpoena underscored the importance of clarity and adherence to legal procedures in document requests.