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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
ITI Limited – Appellant
Versus
Ishan Infotech Limited – Respondent
ORDER :
M.NAGAPRASANNA, J.
Heard Shri Aditya Narayan, learned counsel appearing for the petitioner and Shri Ganapathy M.S., learned counsel appearing for the caveat/respondent.
2. The petitioner is before this court calling in question, an order of the concerned court dated 09.07.2025 in Commercial O.S.No.621/2024, by which the concerned court rejects the application filed by the petitioner under Order XI Rule 1(10) read with Section 151 of the Code of Civil Procedure, 1908 ('the CPC' for short) seeking production of several documents which could not be produced according to the learned counsel appearing for the petitioner at the time of filing of the written statement.
3. The issue need not detain this court for long or delve deep into the matter, as this court in WP.No.23634/2025 disposed on 03.09.2025 has considered the entire spectrum of the Act and the law laid down by several High Courts and has held that if indulgence would be shown at the stage of permitting fragmented production of documents under Order XI Rule 1 of the CPC, it would defeat the object of constitution of the Commercial Court itself.
4. This court in WP.No.23634/2025 disposed on 03.09.2025 has held as follows:
"7.
The court emphasized strict adherence to procedural timelines in commercial disputes, concluding that introducing additional documents post-evidence closure undermines the intent of the Commercial Co....
In commercial litigation, negligence or inadvertence does not constitute 'reasonable cause' for late document disclosure; strict adherence to procedural timelines is mandatory under the Commercial Co....
The court established that mere reference to documents in a written statement does not satisfy the requirement of 'reasonable cause' for late submission under the amended Civil Procedure Rules.
Order XI Rule 1(c)(ii) of the CPC permits document production to counter claims made by defendants, allowing flexibility in commercial suits.
Order XI Rule 1(7) of CPC, as applicable to commercial disputes, casts an obligation on defendant to file all documents in its power, possession, control or custody.
The Commercial Courts Act mandates strict disclosure obligations, requiring all documents to be submitted at the outset. Late submissions necessitate a clear justification for non-disclosure, which w....
(1) After Order XI Rule 1 has been amended with respect to suits before commercial courts and a specific provision/procedure has been prescribed with respect to suits before commercial division and b....
The court allowed the production of documents not annexed to the plaint due to lack of coordination, establishing that reasonable cause for non-disclosure can be recognized under procedural rules.
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