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2018 Supreme(Del) 2847

YOGESH KHANNA
CROCS INC USA – Appellant
Versus
ACTION SHOES PVT. LTD. – Respondent


Advocate Appeared:
For the Plaintiff :Mr.S.K.Bansal, Mr.Ajay Amitabh Suman, Advocates.
For the Defendants :Mr.Jayant Mehta, Mr.Kapil Wadhwa and Ms.Devyani Nath, Advocates

JUDGMENT :

YOGESH KHANNA, J.

O.A. No.76/2018

1. This chamber appeal is against an Order dated 05.07.2018 passed by the learned Joint Registrar wherein he has allowed the respondent’s application I.A.No.2180/2018 seeking permission to bring on record additional documents despite the plaintiff evidence being underway and two witnesses having been cross-examined. The additional documents were allowed to be brought on record by the Joint Registrar despite having filed after framing of issues and the commencement of the trial. It is alleged earlier too the plaintiff has been granted an opportunity to file additional documents vide an order dated 10.11.2017, but it failed to bring these documents at such time, hence the impugned order is liable to be set aside.

2. Certain dates are relevant for the purpose. On 14.09.2017 the issues in this case were framed. On 13.09.2017 I.A. No.11385 of 2017 was filed by the plaintiff to bring on record the additional documents (other than the documents in dispute). Such application was allowed on 10.11.2017.

3. On 07.11.2017 issues were amended. However on 02.12.2017, 05.12.1017 and 12.01.2018 three sets of documents were filed by the plaintiff. Later on, o






























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