OCL INDIA LTD. . vs STATE OF ASSAM . — C.A. No. 367/2013

Summary: The Supreme Court granted leave and remanded OCL India's appeal against the Gauhati High Court's 2009 judgment that had set aside the trial court's decree in OCL's favor. The trial court had drawn an adverse inference against the State of Assam for failing to produce documents, but the High Court correctly held that under sections 65-66 of the Indian Evidence Act, OCL had to produce secondary evidence first. The Court dismissed OCL's interlocutory application to file secondary evidence before the apex court, instead directing the trial court to permit OCL to submit secondary evidence regarding payments for statutory increases in central excise duty and railway freight, and to dispose of the underlying money suit within six months. This case analysis is maintained by casestatus.in based on publicly available court records.