The State Of Tamil Nadu Public Works Department The Secretary vs. The State Of Kerala State Of Kerala The Chief Secretary

REGISTRAR COURT. 10

SECTION XVII-A

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

BEFORE THE LEARNED REGISTRAR SH. AVANI PAL SINGH

Original Suit No.2/2012

THE STATE OF TAMIL NADU

$PLAINTIFF(S)$

VERSUS

STATE OF KERALA & ANR.

DEFENDANT(S)

Date: 25-02-2020 This petition was called on for hearing today.

For Petitioner(s) Mr. G. Umapathy, Adv. Mr. M. Yogesh Kanna, AOR For Respondent(s) Mr. Jaideep Gupta, Sr. Adv. Mr. G. Prakash, AOR Mr. M. L. Jishnu, Adv. Mr. Saurav Gupta, Adv. Mr. C. K. Sharma, Adv. Mr. Arvind Kumar Sharma, Adv.

UPON hearing the counsel the Court made the following O R D E R

Learned counsels for both the parties appear on call.

Today is fixed for further directions in the suit, in light of the adjournment that was granted to the plaintiff-State on their prayers on 18.2.2020.

Learned counsel for the plaintiff-State submits tabulated summary of the facts that may have been averred in the affidavit of admission/ denial submitted by defendant-State on 18.2.2020. Copy of the summary has been served. Let the same be kept with the records.

Heard learned counsel for the parties. Examined the records of the suit. It appears that on 18.1.2018, when the matter was fixed for cross-examination of PW-1 in the suit, learned counsel for the defendant-State had raised the issue that the witness had not got any of the documents, that the plaintiff-State may have sought to rely upon, formally exhibited, and without such formal exhibition of the documents, it would be prejudicial for them to continue with the Aross-examination of PW-1. Accepting the plea, the Learned Registrar Tad directed that the matter be placed before the Hon'ble Court for further directions, in light of the plea so raised.

On 09.3.2018, having heard the counsels for both parties on the issue, the Hon'ble Court had directed that the proper course of action for the plaintiff-State would be to seek leave to adduce further evidence/ additional evidence by way of affidavit alongwith proof of the documents which are sought to be relied upon and exhibited. Subsequently, while dealing with another application filed by the plaintiff-State being, I.A. No.73077/2018 with prayers for taking on record the original documents, the Hon'ble Court observed that the plaintiff-State had already been granted permission to file documents in original by order dated 09.3.2018, and further it was observed by the Hon'ble Court that since the documents had been already filed by the plaintiff pursuant to the liberty so granted, it would be open for the plaintiff to prove these documents, in accordance with law and as and when the matter was taken up by the Registrar.

Thereafter, the matter came up for consideration on 14.1.2020, on which date noting that the defendant-State had not had the opportunity to inspect the original documents that had been filed by the plaintiff-State (in terms of the liberty granted), the defendant-State was allowed inspection of the original documents so filed with a direction that they would submit their affidavit of admission/denial in respect of those original documents. Records would further reveal that the defendant-State duly inspected the original records and thereafter have also submitted their affidavit of admission/denial.

Learned counsel for the plaintiff-State submits that in terms of the liberty granted by this Hon'ble Court vide order dated 09.3.2018, as well as the observations made on 27.8.2018 the plaintiff-State would seek to re-examine their witness (PW-1) to prove the said documents as per law and accordingly they may be granted a schedule for such re-examination of the witness. In his fairness, learned counsel for the defendant-State submits that he would have no objection to the Court granting a schedule as prayed for, as it is incumbent upon the plaintiff-State to take steps in accordance with the liberty granted by the Hon'ble Court. Accordingly the prayer of the plaintiff-State is considered as allowed.

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On consent of learned counsels, let the matter be fixed for reexamination of PW-1 Mr. C. Cyril Christopher on 26.3.2020 & 27.3.2020 at 2:30 p.m. on each day. The plaintiff-State is directed to produce their witness on the date without fail.

AVANI PAL SINGH REGISTRAR