Kumkum Buildcon Pvt. Ltd. v. Appaswamy Real Estates Ltd.
Case brief
What is this about?
Interlocutory application (A.No.437 of 2025) in commercial suit C.S.(Comm.Div.) No.1 of 2023, Madras High Court, decided 19.02.2025 by Senthilkumar Ramamoorthy, J. Keywords: leave to substitute documentary evidence; substitution of Chartered Accountant certificate dated 15.06.2022 with certificate dated 25.09.2024; deponent unable to travel to Chennai; no objection by defendant; reasonable cause shown; application allowed subject to affidavit of admission/denial and objections on admissibility, relevance and proof at trial. Useful for propositions on evidentiary substitution applications in the Commercial Courts context and reservation of trial-stage objections.
What did the court decide?
Leave granted to substitute the Chartered Accountant certificate dated 15.06.2022 with certificate dated 25.09.2024, subject to the defendant's right to file an affidavit of admission/denial and to raise objections inter alia on admissibility, relevance and proof at trial.