Back
SHALINDER KAUR
Sudhir Power Project Ltd. – Appellant
Versus
Prime Meiden Pvt. Ltd. – Respondent
JUDGMENT
Shalinder Kaur, J. - The present petition arises out of the impugned order dated 14.08.2023 passed by the learned District Judge (Commercial) - 03, South-East, Saket Courts, Delhi (hereinafter as "Trial Court") in suit bearing no. CS(COMM) 318/2020 titled as "M/s Prime Meiden Limited vs M/s Sudhir Power Projects Limited" whereby the learned trial court dismissed the application filed by the petitioner under Order VIII Rule 1A(3) of Code of Civil Procedure, 1908 (hereinafter as "CPC") for taking on record additional documents i.e. (i) letter dated 08.07.2022 issued by HSIIDC and (ii) affidavit of admission/denial filed by the petitioner, who is the defendant before the learned trial court. The respondent is the plaintiff in the said proceedings.
2. The limited issue arising out of the present petition revolves around whether the documents sought to be placed on record by the petitioner i.e. a letter dated 08.07.2022 which was issued after filing of the written statement and the affidavit of admission and denial can be allowed at a later stage.
3. The petitioner, a company incorporated under the Companies Act, 1956, with its registered office at International Trade Tower, Nehru
The court emphasized the importance of allowing additional documents at a belated stage if the delay is explained and does not cause prejudice to the opposing party.
The absence of sufficient explanation in the application under Order VIII Rule 1A of the CPC, 1908, and the lack of clarification or version of the petitioner/defendant in the written statement led t....
The Court's decision emphasized that the documents sought to be placed on record were already referred to in the plaint, and the defendants had sufficient opportunity to deal with them, justifying th....
Matters of procedure should not hinder the dispensation of justice, and the relevance of documents for just and fair adjudication should be considered when deciding on applications to bring documents....
The court emphasized the importance of providing sufficient opportunity to the petitioner/defendant to defend themselves and held that the refusal to take the documents on record by the Trial Court c....
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.
The main legal point established in the judgment is the distinction between filing a written statement and bringing it on record, and the consequences of not filing an affidavit of admission/denial o....
The court emphasized a liberal interpretation of procedural rules allowing additional documents to be admitted if reasonable cause is shown, particularly in extraordinary situations like a pandemic.
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
