1% HIGH COURT OF CHHATTISGARH AT BILASPUR . WRIT PETITION (227) no. 4709 OF 2011 PETITIONENR Bhamt Aluminium Company, A PLAIN'HFF Company incorporatnd under the Provisions of the Companies Act, 1956 and having its registcred o$ce at Aluminium Sadan, Com— 6, Scope omce Complcx'7, Lodhi Road, New Delhi 110003 and also carrying on business &om P.O, Balco Nagar, Disirict Korba 495 684 (Chhatu'sgarh). VERSUS RESPONDENT$ 1. Anjsh Metals Pvt. Ltd. A Company DEFENDANTS incorporated under the Provisions of the Companies Act, 1956 and having its registered oEce and canying on business mm 60, Kansaxa Chawl, Kalbadevi Road, Mumbai—400 002. 2. Pankaj Aluminium Indusuies Ltd. A Company incorpomted under r the Pmvisions of the Companies Act, 1956 and having its mg’steied omce and carrying on business &om 106, CRK Wadi, 1“ Floor, 114 V.P. Road Mnmbai 400 084. 3. Pankaj Extrusion Ltd. A Company incorporated under the Provisions of the Companies Act, 1956 and having its registered omce and carrying on business nom 15/ 1/4, Rakholi village Silvassa, UT of D 85 NH. Pankaj Metals Pvt. Ltd. A Company incorporated under the Provisions of the Companies Act, 1956 and having its registered oEce and cauying on business n‘om 55-C, 1“ Khattamli Lane, 4. Thakurdwar Road, Mumbai 400002. Hiren Aluminium Ltd, A Company incorporated under the Provisions of the Companies Act, 1956 and having its registered omce and carrying on business n‘om 126/ 1, Rakholi village near Rakholi School, Rakholi, UT of D &. NH 5. 6. State Bank of India, A Banking Company Constituted under the State Bank of India Act, 1955, having its Head Omce at Corporate Centre, State Bank W Bhavan, Madam Gama Road, Mnmbai -4OO O21 and canying on business mm Balco Township Balco Nagar, District Korba (Chhattisgarh) 495684. Bank of India, A Banking Company Constitutnd under the Banking Companies (Acquisition) and Transfer of undertakings) Act, 1970, having its Head 0mm: at Express Towers, Nariman Point, Mnmbai 400 021 and also canying on business nom Kalbadevi Branch, Round Building, Shyamaldas Gandhi Marg, Mnmbai 400 002. ARCIL Shriopati Arcade Angmt 8. Klanu' Marg, Mana Chowk, Mnmbai 400036. k9 WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA. (SB :Hon’ble Mr. T.P.Sharma, J.) “- Present:- Shri Sanjay K. Agrawal, Advocate with Shri Sudeep Agrawal, Advocate for the petitioner. Respondents not noticed. ORAL- ORDER (Passed on 1810812011) 1. By this pen‘tion under Aru'cle 227 of the Constitution of India .X. petitioner has challenged the legality and propriety of the order dated 13/5/2011 passed by District Judge, Korba, C.G. in civil suit No. l-A/ 2006 whereby by passing other orders Court below has rejected LA. No. 25 med on behalf of the peu'tioner for taln‘ng document on record including the judgment of Delhi High Court dated 23/3/2011. 2. Shn' Sanjay K. Agiawal, Advocate with Shri Sudeep Agrawal, Advocate for the pen'tioner is heard. Learned counsel for the pen'tioner submits that although he has filed so many documents along with I.A. No. 25 but the document dated 23/3] 201 1 i.e. judgment of Delhi High Couxt is necessary for disposal of the suit and they have hled aforesaid application within ”‘3 [L10 reasonable time just after obtaining certified copy of the same but Court below has not considered the afomsaid ground. 4. In my opinion judgment of Delhi High Court dated 23/3] 2011 has been nled along with LA. No. 25 by the petitioner within reasonable time Without any delay themfote, I.A. No. 25 ought to have been allowed to the extent of taking such document in record, by not allowing application partially Court below has committed illegality. In these circumstances observance of procedural law would be only fun‘le exercise and will again caused delay in trial pending since 2006. Consequently, petition is stands disposed of with the direction that trial Court shall allow the LA. No. 25 parh'ally to the extent of only document of judgment of Delhi High Cour: dated 23/3/2011. 5. All interim applications are also dismissed. No order as to costs. Certined copy as per rules. SdL T.P. Sharma Judge