https://www.taxtmi.com/caselaws?id=258011 An application seeking penal consequences under Order XI, Rule 21 CPC was held not maintainable where the earlier directions were treated as directions for discovery and production under Order XI, Rule 14 CPC. The Court reiterated that striking out a defence or dismissal of a suit is a drastic sanction available only on proof of wilful, deliberate, obstinate, or contumacious withholding of documents or information. On the material before it, there was no basis to infer that the bank possessed and was suppressing documents, and the adequacy of its response or any adverse inference had to be considered in the substantive proceedings rather than in writ jurisdiction under Article 226. en-us Fri, 22 Aug 2014 00:00:00 +0530 Sat, 28 Mar 2015 19:03:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=258011 An application seeking penal consequences under Order XI, Rule 21 CPC was held not maintainable where the earlier directions were treated as directions for discovery and production under Order XI, Rule 14 CPC. The Court reiterated that striking out a defence or dismissal of a suit is a drastic sanction available only on proof of wilful, deliberate, obstinate, or contumacious withholding of documents or information. On the material before it, there was no basis to infer that the bank possessed and was suppressing documents, and the adequacy of its response or any adverse inference had to be considered in the substantive proceedings rather than in writ jurisdiction under Article 226. Case-Laws Indian Laws Fri, 22 Aug 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=258011