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V. KAMESWAR RAO
Cec-cici Jv – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent
| Table of Content |
|---|
| 1. overview of plaintiffs and their claim. (Para 1 , 2 , 4 , 5 , 6) |
| 2. arguments regarding the need for additional documents. (Para 11 , 12 , 19 , 34) |
| 3. court's assessment of reasonable cause for late document submission. (Para 60 , 77 , 78) |
| 4. final ruling dismissing plaintiff's applications. (Para 79 , 80) |
JUDGMENT
V. Kameswar Rao, J. By this order I shall decide two applications (I.As. 11113/2022 and 17718/2022) filed by the applicants, who are the plaintiffs in the present Suit. The applications are for seeking permission to bring the Additional Documents on record and seeking leave to file Additional Affidavit, under the provisions of Code of Civil Procedure, 1908 (`CPC., for short).
I.A. 11113/2022
2. The plaintiff No.1, M/s CEC-CICI JV/applicant, is a joint venture between plaintiff No.2, M/s CEC International Corporation (India) Pvt. Ltd., a company incorporated in India under the Companies Act, 1956 and plaintiff No.3, the Continental Engineering Corporation, Taiwan, a company duly incorporated under the laws of Taiwan.
3. The defendant is a government owned Insurance Company namely "Oriental Insurance Company Limited", bound by the Rules and Regulations issue
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....
(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....
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 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 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....
Parties in commercial disputes must timely disclose documents; late submissions require a compelling justification to avoid prejudicing the opposing party.
The main legal point established in the judgment is that 'reasonable cause' for not filing additional documents cannot extend to negligence in filing of documents before the court, and that the docum....
The court affirmed that additional documents may be permitted if they were discovered after the initial filing and that establishing reasonable cause for non-disclosure is less stringent than for oth....
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