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2023 Supreme(Del) 1965

TUSHAR RAO GEDELA
Sandeep Garg – Appellant
Versus
Praveen Kumar Bansal – Respondent


Advocates appeared:
Mr. Amit Goel, Advocate, for the Petitioner.
None, for the Respondent.

JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

1. The petitioner challenges the order dated 20.03.2022 in Civil suit No. 1438/2015 titled as "Praveen Kumar Bansal Vs. Sandeep Garg" passed by the learned Trial Court whereby the application under Order VIII Rule 1A r/w Section 151 CPC, 1908 seeking permission to file relevant documents was dismissed.

2. Mr. Goel learned counsel appearing for the petitioner/defendant submits that the documents which are sought to be brought on record did not prejudice the case of the respondent/plaintiff which are:

(i) the reply of the petitioner/defendant in response to the legal notice served by the respondent/plaintiff.

(ii) Copy of purchase order dated 28.09.2011 along with general terms and conditions,

(iii) invoice dated 11.05.2021,

(iv) email exchanged between the parties as well as M/s. Honeywell Automation India Ltd.

(v) Proforma invoice dated 28.04.2022 along with measurement sheet and certified M.B. received from M/s. Honeywell.

3. Learned counsel submits that the delay in producing the aforesaid documents occurred since these were not traceable at the relevant time and it was neither deliberate n

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