Document production in civil proceedings refused where relevance and custody of records with the Official Liquidator were not shown.

Production of documents under Order XI Rules 12 and 14 CPC was refused because relevance and custody were not established. The High Court held that the letter dated 26-11-2010 was not relevant to proceedings under Section 543 of the Companies Act, 1956, even though it related to a statement of affairs under Section 454. The correspondence dated 26-3-1997 also did not clearly show that the original bills, vouchers, receipts or deposit slips were enclosed or remained in the Official Liquidator's possession or control. On those facts, discovery was found unnecessary for effective disposal, and the application was dismissed.

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Issues: Whether production of the documents sought under Order XI Rules 12 and 14 of the Code of Civil Procedure, 1908 was justified on the ground that they were relevant and in the possession or control of the Official Liquidator.

Analysis: The requested letter dated 26-11-2010 was held not to be relevant to the proceedings under Section 543 of the Companies Act, 1956, though it related to a statement of affairs under Section 454 of that Act. The correspondence dated 26-3-1997 also did not clearly establish that the original bills, vouchers, receipts, or deposit slips had been enclosed or were in the possession of the Official Liquidator. On the facts shown, the Court was not satisfied that the documents were in the custody or control of the Official Liquidator or that discovery was necessary for the effective disposal of the application.

Conclusion: The application for production of documents was rejected and dismissed.

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