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KRISHNA RAO
Star Paper Mills Ltd. – Appellant
Versus
Eastern Coalfields Limited – Respondent
JUDGMENT :
Krishna Rao, J.
1. The plaintiff has filed the instant application seeking leave to produce additional documents.
2. Ms. Sristi Burman, Learned Advocate representing the plaintiff submits that the plaintiff has instituted the suit on 16th May, 2015, prior to commencement of the Commercial Courts Act, 2015. She submits that after the enactment of the Commercial Courts Act, 2015, by the consent of both the parties, this Court has transferred the instant suit before this Court as the transaction between the plaintiff and defendant is commercial in nature.
3. Ms. Burman submits that due to pandemic Covid-19, this Court was taking only the urgent matters and as such the plaintiff could not take steps during the said period and soon after regular Court starting functioning, the plaintiff has contacted his advocate-on-record and the during discussion, the advocate-on-record came to know that some further documents which has not been disclosed along with the plaint earlier is required to be disclosed for proper and effective adjudication of the instant suit.
4. Ms. Burman submits
The judgment emphasizes the requirement to establish reasonable cause for non-disclosure of documents at the time of filing, as per Order XI Rule 1 of the Code of Civil Procedure, 1908, and clarifies....
The court allows the plaintiff to disclose additional documents based on reasonable cause for non-disclosure, emphasizing that such discretion may be exercised even after initial pleadings in undefen....
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 main legal point established in the judgment is the requirement for the plaintiff to disclose all documents in its power, possession, control or custody, pertaining to the Suit, along with the pl....
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.
Procedural rules should not obstruct substantial justice; reasonable cause for non-disclosure of documents must be interpreted liberally to ensure fair adjudication.
Parties in commercial disputes must timely disclose documents; late submissions require a compelling justification to avoid prejudicing the opposing party.
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