RAKESH KUMAR SHRIMAL AND ANR v. JAYANT KUMAR DUGAR AND 3 ORS.
CRP(IO)/44/2025 · 2025-03-18
Devashis Baruah
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6721 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6721 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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2025:GAU-AS:2981
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/44/2025 RAKESH KUMAR SHRIMAL AND ANR S/O SRI PUKHRAJ SHRIMAL, C/O M/S TRIPAL UDYOG, H.B. ROAD, FANCY BAZAR, GUWAHATI-781001, DIST- KAMRUP (M), ASSAM 2: PRAVEEN KUMAR SHRIMAL S/O SRI PRAKASH CHAND SHRIMAL C/O M/S TRIPAL UDYOG H.B. ROAD FANCY BAZAR GUWAHATI-781001 DIST- KAMRUP (M) ASSA VERSUS JAYANT KUMAR DUGAR AND 3 ORS.
S/O LATE VIJAY SINGH DUGAR, KARTA OF M/S VIJAY SINGH DUGAR (H.U.F.), CO-OWNER AND JOINTLY KNOWN AS HANUMAN MAL DUGAR AND OTHERS, R/O DUGAR BUILDING, KAMRUP CHAMBER ROAD, FANCY BAZAR, KAMRUP (M), GUWAHATI-781001, ASSAM 2:JAY KUMAR DUGAR S/O LATE ASHKARAN DUGAR KARTA OF ASHKARAN GUGAR (HUF) CO-OWNER AND JOINTLY KNOWN AS HANUMAN MAL DUGAR AND OTHERS R/O DUGAR BUILDING KAMRUP CHAMBER ROAD FANCY BAZAR KAMRUP (M) GUWAHATI-781001 ASSAM 3:RAJU DEVI DUGAR
Page No.# 2/5 W/O LATE ASHKARAN DUGAR CO-OWNER AND JOINTLY KNOWN AS HANUMAN MAL DUGAR AND OTHERS R/O DUGAR BUILDING KAMRUP CHAMBER ROAD FANCY BAZAR KAMRUP (M) GUWAHATI-781001 ASSAM 4:SMTI CHANDA DEVI DUGAR W/O LATE VIJAY SINGH DUGAR CO-OWNER AND JOINTLY KNOWN AS HANUMAN MAL DUGAR AND OTHERS R/O DUGAR BUILDING KAMRUP CHAMBER ROAD FANCY BAZAR KAMRUP (M) GUWAHATI-781001 ASSA
Advocate for the applicant(s): Mr. AK Purkayastha
Advocate for the respondent(s): Mr. RC Sancheti
B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH
ORDER 19.03.2025
Heard Mr. AK Purkayastha, the learned counsel appearing on behalf of the petitioner. Mr. RC Sancheti, the learned counsel appears on behalf of the respondent Nos.1, 2, 3 and 4.
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2. The present application has been filed invoking the supervisory jurisdiction of this Court to assail the order dated 21.11.2024 passed in Title Suit No.79/2020 by the Court of the learned Civil Judge (Junior Division) No.2, Kamrup(M) Guwahati (hereinafter to be referred to as the learned Trial Court), whereby the application under Order XI Rule 14 of the Code of Civil Procedure, 1908 (for short, the Code) was rejected.
3. This Court had duly perused the application so filed under Order XI Rule 14 which has been registered as Petition No.2401/2001 whereby the defendant sought for a direction from the plaintiffs for production of the original electricity bill for the meter of the plaintiffs issued by the electricity department/APDCL for the period from April 2019 to May 2020 and thereafter till date in relation to the electricity provided to the suit premises.
4. It is seen that the plaintiffs pursuant to the said application filed objection stating, inter alia, that the manner in which the application was filed was not in the proper format and accompanied by an affidavit. The learned Trial Court rejected the said application on the ground that the defendants had not raised the issue at the time of document production or during documentation stage or through interrogatories and the request for production of the APDCL bills is at the stage was premature. It was further mentioned in the said order that there was no necessity for the plaintiff to produce the original APDCL electricity bills as the electricity charges in question was based on the readings of the sub- meters installed for the suit premises.
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5. This Court enquired with Mr. RC Sancheti, the learned counsel appearing on behalf of the respondents herein, who are the plaintiffs as to whether they have any difficulty in producing the electricity bills issued by the APDCL for the period from April 2019 to May 2020 in respect to their premises. Mr. RC Sancheti, the
learned counsel submits that the plaintiffs have no objection. Consequently, this Court further enquired with the learned counsel appearing on behalf of the parties as to when the next date is fixed before the learned Trial Court. It is submitted that the next date is fixed on 03.05.2023.
6. Accordingly, this Court directs the respondents herein who are the plaintiffs to produce on the said date i.e. 03.05.2023 the originals of the electricity bills for the meter of the plaintiffs issued by the APDCL for the period from April 2019 to May 2020.
7. Upon such production, the learned Trial Court shall pass appropriate
order(s) in that regard.
8. With the above, the instant application stands disposed of.
9. Interim order passed earlier stands vacated.
JUDGE
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