The court allowed an application to admit documents late in the trial despite judicial prejudice, subject to costs and objections on relevance. The matter was listed for evidence recording and written arguments.
Application allowed; costs of Rs.50,000 to Plaintiff's counsel; matter listed for evidence recording and arguments.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
A.No.1305 of 2022
A.No.1305 of 2022 in C.S.(Comm.Suits) No.23 of 2015
SENTHILKUMAR RAMAMOORTHY,J
This application is filed to permit the first defendant to bring on
record the documents marked as schedule-A to the Judge's summons.
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A.No.1305 of 2022
application being filed, there is little doubt that the plaintiff would be prejudiced by the production of these documents at this juncture. Even otherwise, one of the primary objects of the Commercial Courts Act, 2015 is to conclude the hearing of suits expeditiously. The reasons set out in the affidavit of the first defendant for the production of these documents at this juncture are not convincing. Nonetheless, it appears that the non production of these documents would cause great prejudice to the applicant / first defendant. Therefore, subject to putting the applicant / first defendant on terms, the present application is allowed.
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A.No.1305 of 2022
01.04.2022 for recording evidence. The evidence shall be recorded between 01.04.2022 and 06.04.2022.
written arguments and convenience typed sets.
23.03.2022
rna
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A.No.1305 of 2022
SENTHILKUMAR RAMAMOORTHY,J
rna
A.No.1305 of 2022 in C.S.(Comm.Suits) No.23 of 2015
23.03.2022
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2 issues framed by the court
Whether to allow the applicant to produce documents late in the trial to cure non-production despite potential prejudice to the plaintiff.
What terms the applicant must satisfy to produce the documents subject to objections.
1 provisions across 1 enactments
First Defendant / Applicant
Plaintiff
SENTHILKUMAR RAMAMOORTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
