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KRISHNA RAO
Sun Pharmaceutical Industries Limited – Appellant
Versus
State Bank of India – Respondent
JUDGMENT :
Krishna Rao, J.
1. The plaintiff nos. 1 & 2 have filed two separate applications praying for leave to bring some additional documents on record. The plaintiffs say that the defendant no.1 has filed written statement to the amended plaint and in the said written statement, the defendant no.1 contended that the defendant no.1 was not aware of initiation of proceeding by Gujarat NRE Coke Ltd. (GNCL) under the provisions of Section 10 of the Insolvency and Bankruptcy Code, 2016 which prompted an enquiry into the matter by the plaintiffs.
2. The plaintiffs say that in course of such enquiry, the plaintiffs came to know about the documents, which according to the plaintiffs, clearly established that the defendant no.1 was not only aware of the commencement of the proceedings by the GNCL but was in fact instrumental for institution of the same.
3. The plaintiffs say that the documents which the plaintiff nos.1 & 2 intent to bring on record was not in possession or custody of the plaintiffs at the time of filing of the suit and the said documents establish that the defendant no.1 had the knowledge of GNCL’s intent to initiate or initiation of proceedings under Section 10 of the Inso
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....
In commercial suits, plaintiffs must disclose all documents in their power, possession, control or custody, pertaining to the suit, along with the plaint, and must show reasonable cause for non-discl....
Procedural rules should not obstruct substantial justice; reasonable cause for non-disclosure of documents must be interpreted liberally to ensure fair adjudication.
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.
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.
The court held that lack of coordination between the plaintiff's director and legal counsel constituted reasonable cause for non-disclosure of documents, allowing their introduction in evidence.
The court emphasized the strict adherence to document filing rules in commercial disputes, denying late submission of documents without establishing reasonable cause for prior non-disclosure.
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