Back
MANMEET PRITAM SINGH ARORA
Radha Enterprises Through Its Proprietor Smt. Shashi Sharma – Appellant
Versus
Tandoori Vibes Through Its Partner Md. Zainul – Respondent
Key Points: - The court held that "reasonable cause" cannot extend to negligence in filing of documents before the court; it must refer to a cause outside the control of the petitioner that prevented filing with the written statement. (!) - The petitioner failed to show reasonable cause for not filing the additional documents at the time of filing the written statement; the documents were readily available and could have been obtained from known sources (banker or third parties). (!) (!) (!) - Additional documents sought to be placed on record were largely in existence before the institution of the first suit and not "not traceable" as alleged; belated reliance at the stage of such proceedings was rejected. (!) (!) (!) - The Statement of Truth accompanying the written statement declared that all documents in the power/possession/control of the party had been disclosed; absence of any contrary averment supports rejection of late filing. (!) (!) - The High Court dismissed the petition seeking to place on record additional documents and disposed of the pending application. (!)
JUDGMENT
Manmeet Pritam Singh Arora, J. (Oral)
1. This petition filed under Article 227 of the Constitution of India impugns the order dated 05.06.2023 passed by District Judge, Commercial Court-03, Patiala House Courts, New Delhi (`Commercial Court') in CS (COM.) No. 151/2021 titled as Tandoori Vibes v. Shri Radhe Enterprises & Anr., whereby the Commercial Court dismissed the Petitioners application filed under Order VIII read with Order XI of the Code of Civil Procedure, 1908 (`CPC'), as amended by the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (`the Act of 2015') filed on 05.06.2023 for taking on record additional documents.
1.1. The Petitioners herein are the defendants and the Respondents herein are the plaintiffs, in the commercial suit.
1.2. The Respondents herein filed a suit seeking decree against the Petitioners herein and in favour of the Respondents, for declaring the Franchise Agreement dated 30.03.2018 executed between the parties as void on grounds of fraud and misrepresentation. In the said suit Respondents also sought a decree of recovery of Rs. 58,80,000/- and a decree of damages against the Petitioner No.1 f
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....
Parties in commercial disputes must timely disclose documents; late submissions require a compelling justification to avoid prejudicing the opposing party.
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 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 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.
(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 confirmed that documents arising after the submission of written statement may be included without showing reasonable cause for non-disclosure, emphasizing the importance of procedural just....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
