RNT Metals Pvt. Ltd Vs Raka Overseas Through Its Proprietor Surabh Jain (Delhi High Court)
Delhi High Court has dismissed a petition filed by RNT Metals Pvt. Ltd. challenging a trial court order that permitted Raka Overseas to summon a witness from the Goods and Services Tax (GST) Department in a recovery suit. The suit, titled “Raka Overseas vs. RNT Metals Pvt. Ltd. & Ors.” (CS (COMM) 142/2024), involves a claim for recovery by Raka Overseas, where RNT Metals Pvt. Ltd. is the defendant.
RNT Metals Pvt. Ltd. argued before the High Court that the trial court had erroneously allowed Raka Overseas’s request to summon a GST Department witness for the production of GST records related to RNT Metals without Raka Overseas having filed a list of witnesses. However, Justice [Name of Judge not provided in the text] of the Delhi High Court, after perusing the trial court’s order, found no irregularity in the decision.
The High Court noted that the recovery suit was still at the stage of the plaintiff’s (Raka Overseas) evidence. Since Raka Overseas stated that the GST records of RNT Metals were not under its control, possession, or power, the trial court granted permission to summon a witness from the GST Department to produce these records, subject to the payment of ₹3,000 as costs.
The High Court emphasized the fundamental principle that the complete burden of proving its case rests with the plaintiff. It is within the plaintiff’s prerogative to determine which witnesses are necessary to summon and what records they should bring to court to substantiate their claims. The High Court clarified that if the summoned records are later found to be irrelevant to the case, they would naturally not be considered by the court. However, at the current stage of presenting evidence, the plaintiff cannot be denied the right to summon witnesses they believe are crucial to proving their case in their chosen manner. Consequently, finding no merit in the petition filed by RNT Metals Pvt. Ltd., the Delhi High Court dismissed it, upholding the trial court’s order allowing the summoning of the GST Department witness.
FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT
