Order below Exh. No. 76 in O.A. No. 3062 of 2000. Case: Oman International Bank Saog Vs Saurashtra Chemicals Ltd.. Kolkatta Debt Recovery Tribunals
| Case Number | Order below Exh. No. 76 in O.A. No. 3062 of 2000 |
| Counsel | For Appellant: D.D. Madan, Adv., i/b., M.S. Bodhanwala & Co. and For Respondents: R. C. Dhruv and Minesh Shah, Advs. |
| Judges | K.J. Paratwar, Presiding Officer |
| Issue | Evidence Act, 1872 - Section 65; R.D.D.B. Act - Section 22(2); Debts Recovery Tribunal (Procedure) Rule, 1993 - Rule 5A; Code of Civil Procedure (CPC) - Section 5A, Order 47, Rule 1(1) |
| Citation | III (2005) BC 255 |
| Judgement Date | Thursday February 17, 2005 |
| Court | Kolkatta Debt Recovery Tribunals |
Judgment:
K.J. Paratwar, Presiding Officer
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Heard the learned Counsel.
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7 he Bank has taken out this application for review of the order passed by this Tribunal on 1.2.2005 below Exh. 65. By said order, the Tribunal rejected the Bank's request to lead) secondary evidence in respect of 15 documents filed along with list of documents at Exh. 67.
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It is stated that pursuant to this Tribunal's order, the Bank made an application before learned Metropolitan Magistrate (M.M.), 47th Court, Esplanade, at Mumbai for return of the original documents. The matter is kept for say of otherwise on 28.2.2005. The production of original documents would, therefore, take time. It is stated that Their Lordships in Jobeda Khatum v. Sheik Monabali, AIR 1930 Kolkatta 479 and Biharilal v. Tamizul Hague, AIR 1988 Gauhati 1, have held that when the original documents are produced in other Courts, the inability of the party is apparent and such a case falls within Section 65(c) of the Evidence Act. As such, the earlier application should have been allowed.
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The defendants have opposed the application by...
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