Dismissed

Bharat Petroleum Corporation Limited v. Sri.a.Sreekanth

Madras HC14 Sept 2021A/3233/2021

Case brief

AI extract

What is this about?

The applicant sought to file additional documents including notices, court orders, and payment receipts. The single-judge court held that Order VII Rule 14(2) CPC is inapplicable to commercial suits under the amended Order XI Rule 7 CPC due to the Commercial Courts Act, 2015. The application was dismissed with liberty to file a proper application.

What did the court decide?

Application dismissed; liberty to file proper application under correct provision of law is reserved.

Bharat Petroleum Corporation Limited Vs… — Civil Procedure and Limitation | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(ORDINARY ORIGINAL CIVIL JURISDICTION)

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TUESDAY, THE 14TH DAY OF SEPTEMBER 2021

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THE HON'BLE MR. JUSTICE R.SUBRAMANIAN

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A.No.3233 of 2021 in C.S.No.269 of 2011

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Bharat Petroleum Corporation Limited, having its Registered Office at Bharat Bhavan, No.4 & 6, Currimbhoy Road, Ballard Estate, PB No.688, Mumbai 400 001.

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and having its place of business at Tondiarpet Installation, No.35, Vaidyanathan Street, Tondiarpet, Chennai 600 081 and Represented by its Territory Manager, Mr.S.Srikanth

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...Plaintiff

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Versus

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Sri A.Sreekanth Sole Proprietor Bharat Petroleum Agency RS No.32/2 Pondy Cuddalore Main Road, Kirumambakkam Pondicherry 607 402.

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..Defendant

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https://hcservices.ecourts.gov.in/hcservices/

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A.No.3233 of 2021:

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Bharat Petroleum Corporation Limited, Having its Registered Office at Bharat Bhavan, No.486, Currimbhoy Road, Ballard Estate, PB No.688, Mumbai 400 001.

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and having its place of business at Tondiarpet Installation, No.35, Vaidyanathan Street, Tondiarpet, Chennai 600 081.

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...Applicant/Plaintiff

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Versus

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Sri A.Sreekanth Sole Proprietor Bharat Petroleum Agency RS No.32/2 Pondy Cuddalore Main Road, Kirumambakkam Pondicherry 607 402.

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..Respondent/Defendant

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Application praying that this Hon'ble Court be pleased to receive the following additional documents filed by the Applicant/Plaintiff in C.S. No.269 of 2011.

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i)Demand Notice dated 31.07.2012 issued to the Applicant by the Deputy Commissioner (CT); Photo copy.

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ii)Final order passed in WP No.30261 of 2012 by the Hon'ble Madras High Court dated 21.11.2012; Photo copy.

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iii)Letter from the Applicant to the Deputy Commissioner (CT) dated 06.12.2012 enclosing payment as per the roder dated 21.11.2012; Photo copy.

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https://hcservices.ecourts.gov.in/hcservices/ iv)Final order passed in WP Nos.15799 & 15800 of 2013 dated 11.03.2014 Photo copy

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vi)e-challan dated 19.08.2016 Photo copy.

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This Application coming on this day before this court for hearing, the Court made the following order:

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This application for receipt of documents has been filed under Order VII Rule 14(2) of C.P.C. In view of the provisions of Order XI Rule 7 of C.P.C. as amended by the Commercial Courts Act, 2015, Order VII Rule 14 is inapplicable to a Commercial Suit. Hence, this application is dismissed. Liberty is reserved to the applicant to file a proper application under a proper provision of law.

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Sd/-RSMJ 14/09/2021

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// Certified to be true copy// Dated at Madras this day of 2021.

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Court Officer(O.S.) From 25th day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format. Jj 22/09/21

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https://hcservices.ecourts.gov.in/hcservices/

Bharat Petroleum Corporation Limited v. Sri.a.Sreekanth

Case brief

What is this about?

What did the court decide?

Bharat Petroleum Corporation Limited v. Sri.a.Sreekanth

Case brief

What is this about?

What did the court decide?

What the court decided

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