Allowed¶21

M/s Jayaram Electricals Pvt. Limited v. M/s Ferdous Hotel Pvt. Ltd.

Madras HC4 Feb 2026A/3190/2025

Case brief

AI extract

What is this about?

permission to file additional documents; commercial suit; Order XI Rule 5 Code of Civil Procedure; examination-in-chief stage; delay in filing application; costs imposed on plaintiff; affidavit of admission/denial; authorization letter personal locker; Jayaram Electricals Private Limited; Ferdous Hotel Private Limited; Ershad Ahamed; Nithysh Sekhar C; V.Subramanian; Madras High Court; C.S. No.616 of 2017; Senthilkumar Ramamoorthy

What did the court decide?

Permission granted to the plaintiff-applicant to file additional documents in C.S. No.616 of 2017, subject to payment of Rs.15,000/- as costs by the plaintiff to the defendants through their counsel; the defendants are entitled to file an affidavit of admission/denial in respect of these documents and raise objections in the course of trial. ¶21

M/s Jayaram Electricals Pvt. Limited Vs M/s Ferdous Hotel Pvt. Ltd. — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the plaintiff's application (A. No.3190 of 2025) for permission to file additional documents in C.S. No.616 of 2017 should be allowed. +1 more

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Court's answer

The reasons set out in the affidavit supporting the application are not entirely satisfying, and the application was delayed (filed in March 2025 although the suit was filed in 2017).

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Ratio / Principle

Subject to payment of a sum of Rs.15,000/- as costs by the plaintiff to the defendants through their counsel, the application for filing additional documents is allowed.

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Key takeaways

The defendants are entitled to file an affidavit of admission/denial in respect of the additional documents and to raise objections in the course of trial.ratio¶21

Detailed headnote1 paragraphs

MADRAS HIGH COURT (Senthilkumar Ramamoorthy, J.) — A. No.3190 of 2025 in C.S. No.616 of 2017, order dated 04.02.2026. The plaintiff (M/s.Jayaram Electricals Private Ltd.) sought permission to file additional documents: an authorization letter said to have been kept in the Managing Director's personal locker, he having recently returned from the United States of America, and the defendants' (M/s.Ferdous Hotel Pvt. Ltd. and Ershad Ahamed) statement of accounts and acknowledgment letter listed in the written statement but which the plaintiff apprehended the defendants might not file. The defendants opposed, contending that the requirements of Order XI Rule 5 CPC as applicable to commercial suits were unsatisfied. The Court found the reasons in the affidavit 'not entirely satisfying' and noted the application was filed in March 2025 although the suit dated from 2017; the suit was at the stage of commencement of the plaintiff's examination-in-chief. Considering all facts and circumstances, the Court allowed the application subject to payment of Rs.15,000/- as costs by the plaintiff to the defendants through their counsel, and held the defendants entitled to file an affidavit of admission/denial in respect of the documents and to raise objections in the course of trial.

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A. No.3190 of 2025 in C.S. No.616 of 2017 IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 04.02.2026

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CORAM

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THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

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A. No.3190 of 2025 in C.S. No.616 of 2017

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M/s.Jayaram Electricals Private Ltd., (Electrical Engineers & Contractors & Consultants) rep. By its Director Mr.Nirmaal Prabhu, No.5, Papanasam Sivan Salai, Santhome, Chennai – 600 004.

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.. Applicant

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1.M/s.Ferdous Hotel Pvt. Ltd., rep. By its Chairman, No.26/27, Santhome High Road, A Block, 5^th Floor, Mylapore, Chennai – 600 004 India.

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2.Ershad Ahamed, Chairman of M/s.Ferdous Hotel Pvt. Ltd., No.26/27, Santhome High Road, A Block, 5^th Floor, Mylapore, Chennai – 600 004 India.

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.. Respondents

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For Applicant : Mr.Nithysh Sekhar C For Respondents : Mr.V.Subramanian

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https://www.mhc.tn.gov.in/judis

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ORDER

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A. No.3190 of 2025 in C.S. No.616 of 2017

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The plaintiff has applied for permission to file additional documents. In the affidavit in support thereof, it is stated that the authorization letter was in the Managing Director’s personal locker and he returned from the United States of America recently. It is also stated that some of the documents, such as the defendants’ statement of accounts and acknowledgment letter were listed in the written statement but the plaintiff apprehends that the defendants may not file the same.

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Learned counsel for the defendants opposes this application on the ground that the requirements of Order XI Rule 5 of the Code of Civil Procedure as applicable to commercial suits are not satisfied.

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The suit is at the stage of commencement of the examination in chief of the plaintiff. The reasons set out in the affidavit in support of this application are not entirely satisfying. The application has been filed in March, 2025 in spite of the suit being filed in 2017. Considering all the facts and circumstances, subject to payment of a sum of Rs.15,000/- as costs by the plaintiff to the 2/4

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https://www.mhc.tn.gov.in/judis

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A. No.3190 of 2025 in C.S. No.616 of 2017 defendants through their counsel, this application is allowed. The defendants are also entitled to file an affidavit of admission/denial in respect of these documents and raise objections in course of trial.

04.02.2026

mmi

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https://www.mhc.tn.gov.in/judis

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A. No.3190 of 2025 in C.S. No.616 of 2017