M/S Rnt Metals PVT. LTD vs. Raka Overseas Through Its Proprietor Surabh Jain

Facts

The petitioner, M/s RNT Metals Pvt. Ltd., is the defendant in a suit for recovery filed by the respondent, Raka Overseas. The respondent sought to summon a witness from the GST Department to produce GST records pertaining to the petitioner. The Trial Court allowed this request, imposing a cost of Rs. 3,000/- on the respondent, noting that the GST records were not in the respondent's possession and that the case was at the stage of the respondent's evidence. The petitioner challenged this order before the High Court, arguing that the Trial Court granted permission to summon the witness without a list of witnesses being on record.

Held

The High Court held that the Trial Court did not err in allowing the respondent to summon a witness from the GST Department. The Court reasoned that the onus to prove its case lies entirely on the plaintiff (respondent). It is the plaintiff's prerogative to decide which witnesses are required and what records are necessary. The Court emphasized that at this stage, the plaintiff should not be deprived of their right to summon a witness to prove their case, even if the records are not in their possession. If the summoned records are found to be irrelevant, the Trial Court can disregard them. Therefore, the Court found no infirmity in the impugned order passed by the Trial Court and no merit in the petition.

Key Issues

1. Whether the Trial Court erred in allowing the respondent to summon a witness from the GST Department to produce GST records pertaining to the petitioner, despite no list of witnesses being on record, thereby violating procedural norms? Petitioner's contention: The petitioner argued that the Trial Court improperly allowed the respondent to summon a GST witness without a proper list of witnesses being filed, which they contended was a procedural irregularity. Respondent's contention: The respondent argued that the GST records were not in their power, possession, or control, and that as the plaintiff in the suit, they had the right to summon witnesses and produce evidence to prove their case. The Trial Court's order was therefore justified to allow them to gather necessary evidence.