9911796707
TMI Blog2016 (5) TMI 1188X X X X Extracts X X X X X X X X Extracts X X X X ..... law of its merits. - S.B. Company Application No. 59/2010 In (SB Company Petition No. 8/1996) - - - Dated:- 8-1-2016 - Alok Sharma, JJ. For the Petitioner : Gaurav Sharma For the Respondent : Ashish Tiwari ORDER The matter comes up on an application under Order 11 Rule 12 and 14 CPC at the instance of the non-applicants. It has been submitted that the counsel for the Official Liquidator objected before the Deputy Registrar (Judicial) on 17-9-2015 inter alia to the non-applicant marking a letter dated 26-11-2010 as Ex.A-8 and certain bills, vouchers and receipts as Ex.A-10 to A-19 on the ground that they were mere photo copies. Counsel for the non-applicant submits that in the circumstance, this present application has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 454 of the Act of 1956 is not relevant to the proceedings under Section 543 of the Act of 1956. Attention of the court has been drawn to the proviso to Order 11 Rule 12 CPC to contend that discovery shall not be ordered when the court is of the opinion that it is not necessary either for fairly disposing of the suit or for saving costs. It was then submitted that albeit letter dated 26-3-1997 from the non-applicant purported to submit details of deposits in the account of the company in liquidation by the non-applicant to an extent of ₹ 79,200/- and bills, vouchers and receipts in support of expenses to an extent of ₹ 1,33,151.45, was received but the original receipts or photo copies for deposit slips or original bills, vouche ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. The said application will be addressed in accordance with law. As far as documents Ex.A-10 to A-19 annexed with non applicant's letter dated 26-3-1997 are concerned, it is evident that the letter itself does state only sending photo copies of deposit slips in the account of the company in liquidation to an extent of ₹ 79,900/-. Aside of the aforesaid, albeit the letter indeed refer to submitting of bills, vouchers and receipts evidencing the expenses of ₹ 1,33,501/- to the account of the company in liquidation, nothing in the said letter indicates definitely that the original receipts were enclosed therewith. The official liquidator has denied having received the original receipts qua aforesaid expenses. Further the lette ..... X X X X Extracts X X X X X X X X Extracts X X X X
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