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C. HARI SHANKAR
Anita Chhabra – Appellant
Versus
Surender Kumar – Respondent
JUDGMENT
1. CS (Comm) 2718/2021 was instituted by the petitioner Anita Chhabra, before the learned District Judge (Commercial Court) ("the learned Commercial Court") against the respondent Surender Kumar for recovery of Rs.66 lakhs along with interest, as a commercial suit under the Code of Civil Procedure, 1908 (CPC) as amended by the Commercial Courts Act, 2015. As required by Order XI Rule 1(1)1 of the CPC, as amended by the Commercial Courts Act, the petitioner filed, alongwith the plaint, on 27th July 2021, a list of the documents on which the petitioner proposed to place reliance, along with copies thereof.
2. Summons were issued in CS (Comm) 2718/2021, the petitioners filed an application under Order VII Rule 14 of the CPC on 8th September, 2021, seeking to place, on record, certain additional documents which, according to the application, were a "necessary and essential part of the suit", but could not be filed with the plaint "due to negligence on the part of the plaintiffs". It was further averred, in the application, that the documents were crucial to adjudicating the lis and that no prejudice would be caused to the respondent if the documents were permitted to be bro
In commercial litigation, negligence or inadvertence does not constitute 'reasonable cause' for late document disclosure; strict adherence to procedural timelines is mandatory under the Commercial Co....
The court established that non-filing of documents due to negligence does not constitute reasonable cause for allowing additional evidence under the CPC.
The court emphasized strict adherence to procedural timelines in commercial disputes, concluding that introducing additional documents post-evidence closure undermines the intent of the Commercial Co....
The court affirmed that documents not disclosed with the written statement in commercial cases cannot be admitted, but contradictory decisions on evidence closure were ruled unsustainable.
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