IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA WRIT PETITION NO. 10863/2015 (GM-CPC) BETWEEN:
SRI S PRASAD S/O SHANTAHAPPA, AGED 57 YEARS, E.C.NO.06315, SENIOR TECHNICAL ASSISTANT, S R PLANT, M.P.M LIMITED, BHADRAVATHI, R/O HOUSE NO.1/37, PAPER TOWN, BHADRAVATHI. ...PETITIONER (BY SRI S.N. BHAT ADV.,) AND:
M/S KAVITHARANI FINANCE (R), REP. BY ITS MANAGING PARTNER, SRI K N MANJUNATHA, S/O NANJAPPA, AGED 60 YEARS, EMP. NO.706243, R/O KURUBARA STREET, JANNAPURA, BHADRAVATHI 577 301. …RESPONDENT ( RESPONDENT SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 6.3.2015 PASSED BY PRINCIPAL CIVIL JUDGE & JMFC, BHADRAVATHI, IN O.S.NO.64/2012 VIDE ANNX-E.
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner is the 1st defendant. Plaintiff/respondent herein had filed a suit for recovery of Rs.2,15,000/- and the suit was based on an On Demand Promissory Note alleged to have been executed on 23.07.2011. Defendant No.1 is a finance company. After the plaintiff adduced his evidence, the 1st defendant/petitioner made an application in which he sought for production of following documents:
“1. The Assistant Registrar of Co-operative Societies, Office of the Assistant Registrar of Co- operative Societies, R.T.O., Office Road, Shimoga.
(To produce M/s.Kavitharani Finance (R), Bhadravathi, Registration No.1442 following documents and speak to the same. Security Deposit Amount from 1996 to 2013, Turnover Statement Produced by Finance from 1996 to 2013, Affidavit filed by the Finance from 1996 to 2013, Renewal Licence issued by the concerned department i.e., A.R. Office & D.R. Office from 1996 to 2013, Renewal Fee Details from 1996 to 2013) 2) The Income Tax Officer, Office of the Income Tax Department, ITO Ward-3, Shimoga.
(To produce the following documents and speak to the same of M/s.Kavitharani Finance (R), Bhadravathi, Registration No.1442 Income Tax Return Details from 1996 to 2012 along with audited Report) 3) The Professional Tax Officer, Office of the Commercial Tax Office, Shimoga.
(To produce the following documents and speak to the same of M/s.Kavitharani Finance (R), Bhadravathi, Registration No.1442, Professional Tax Details from 1996 to 2012 along with audited Report)”
2. The Trial Court has rejected the said application on the ground that none of the documents sought to be summoned were in any way relatable to the loan transaction and they were unnecessary for the purpose of determination of the issues on hand.
3. I find that the reasons assigned by the Trial Court are correct and there is no perversity in the same.
4. In a suit for recovery of money, the documents that were sought for by the defendant (as noted above) were in no way necessary to establish his defence.
5. Therefore, in my view, the order of the Trial Court does not call for interference and the same is affirmed. Writ Petition is accordingly dismissed.
Sd/- JUDGE PKS