ORDER :

Heard.

1. A suit was filed before the Commercial Court for recovery of Rs.2,42,04,198.58 alongwith interest @ 18% per annum, total amounting to Rs.4,02,46,610/- against the defendants/respondents on 13.9.2019.

2. The written statement was filed by the defendants and thereafter, issues were framed on 29.11.2021 by the concerned Court. On 7.7.2022, the plaintiff moved an application under Order XI Rule 1(4) of the Code of Civil Procedure on the ground that some documents were missing from the brief and when the documents were found, this application has been moved. In paragraph 3, the petitioner has categorically pleaded that “documents which the petitioner desires to produce before this Court in the matter does contain malafide intention to delay or hide its importance but was not able to be annexed during the filing due to continuous hardships during the time of the global pandemic”. The application moved by the petitioner was dismissed by the Commercial Court vide order dated 9.9.2022 relying upon the judgment of Supreme Court in the matter of Sudhir Kumar @ S. Baliyan vs. Vinay Kumar G.B., reported in (2021) SCC OnLine 734 and Societe DES Produits Nestle S.A. and Anr. Vs. Es