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AMIT BANSAL
Bennett Coleman & Co. Ltd. – Appellant
Versus
ARG Outlier Media Pvt Ltd – Respondent
JUDGMENT :
AMIT BANSAL, J.
I.A. 1464/2018 (O-XI R-5 of the CPC)
1. The present application has been filed on behalf of the plaintiff under Order XI Rule 5 of the Code of Civil Procedure, 1908 (CPC) as applicable to commercial suits under the Commercial Courts Act, 2015 for placing on record additional documents.
2. Reply has been filed on behalf of the defendants opposing the present application. Rejoinder thereto, has been filed on behalf of the plaintiff.
3. It is the case of the plaintiff that the aforesaid additional documents were filed by the plaintiff on 17th October, 2017 on the same date as the replication. Counsel for the plaintiff submits that the filing of the aforesaid documents was necessitated on account of the statement made on behalf of the defendants, as noted in the order dated 26th September, 2017, that the defendant no.1 was not in existence at the time of the filing of the present suit and some of the additional documents sought to be filed are to demonstrate that the defendant no.1 was in existence at the time of filing of the present suit.
4. Yet another justification given on behalf of the plaintiff for filing additional documents is to demonstrate the contrary s
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 ....
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....
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.
In commercial litigation, parties must comply with strict rules on document disclosure; late submissions are only permissible under specified conditions.
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.
(1) After Order XI Rule 1 has been amended with respect to suits before commercial courts and a specific provision/procedure has been prescribed with respect to suits before commercial division and b....
The court ruled that timely disclosure of evidence is critical under the Commercial Courts Act, and failure to show reasonable cause for delays can result in exclusion of documents at trial.
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