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AMIT BANSAL
Khurmi Associates (p) Ltd. – Appellant
Versus
Maharishi Dayanand Co-operative Group Housing Society – Respondent
JUDGMENT
amit Bansal, J. - I.a. No. 2048/2021 (seeking leave to file an additional document with replication)
1. The present application has been filed on behalf of the applicant/plaintiff Company under Section 151 of Code of Civil Procedure, 1908 (CPC), seeking to place on record, the additional document filed, along with copy thereof.
2. The document in question is the register maintained by the plaintiff Company, which as per the plaintiff Company, maintains records of the documents handed over by the plaintiff Company to the defendant Society.
3. It is submitted by the senior counsel for the plaintiff Company that the additional document was to be filed together with the replication and reply to the defendant Society's counter-claim on 3rd February, 2021, however, as typed copies of the same could not be arranged at the time due to the prevailing circumstances owing to the COVID-19 pandemic, the additional document was filed together with the present application three working days later, on 8th February, 2021.
4. It is an admitted position that issues are yet to be framed in the present suit. It is also an admitted position that the plaintiff Company has stated in his pleadings that
The central legal point established in the judgment is the requirement for the plaintiff to establish 'reasonable cause' for non-disclosure of documents along with the pleadings, as per the provision....
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....
The main legal point established in the judgment is that under Order XI Rule 5 of the CPC, additional documents may be permitted to be filed if they are relevant for the adjudication of the case and ....
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 emphasized the strict adherence to document filing rules in commercial disputes, denying late submission of documents without establishing reasonable cause for prior non-disclosure.
Parties in commercial disputes must timely disclose documents; late submissions require a compelling justification to avoid prejudicing the opposing party.
The court emphasized that the necessity of additional issues for just adjudication should not be dismissed solely based on delay.
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....
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