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IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
ADS Hi-Tech Polymers Private Limited - Appellant
Versus
DR Polymers Ltd. - Respondent
CM(M) 114 of 2021
Decided On : 28-04-2022




The High Court under Article 227 exercises limited jurisdiction, primarily reviewing the propriety of lower court decisions rather than substituting its judgment, especially regarding document admissibility.

Headnote:(A) Constitution of India - Article 227 - Code of Civil Procedure, 1908 - Order VII Rule 14 and Order VIII Rule 1A - Petition challenging the order allowing additional document submissions - The court found no grounds to interfere as the applications were justified for establishing claims made and no prejudice occurred to the parties. (Paras 1-14)

(B) Jurisdiction - The limited scope of interference by the High Court under Article 227 does not permit substitution of findings unless obviously erroneous - Any evidentiary issues can still be argued in the original court. (Paras 11-13)

Facts of the case:
The plaintiff sought recovery of Rs. 50,98,710/- against the defendant for goods supplied, with the defendant claiming all dues were settled. The plaintiff's request to introduce additional documents was contested, but allowed.

Findings of Court:
The learned ADJ allowed both parties to submit additional documents as they were essential for establishing their claims, with no prejudice to the respective positions of the parties.

Issues: The main issues included the admissibility of documents introduced late in the proceedings and the justification of the learned ADJ's decision as well as the priority accorded to the developments in the original suit.

Ratio Decidendi: The court ruled that the learned ADJ acted within his discretion to allow document submissions that were crucial for examining claims, reaffirming that evidentiary matters could still be debated in the lower court.

Result: Petition stands disposed of with no order as to costs.

Table of Content
1. petition challenges an earlier court order. (Para 1 , 2)
2. defendant claims no outstanding amounts owed. (Para 3 , 4)
3. court allows additional documents to be filed. (Para 6 , 7)
4. plaintiff's new claim regarding transactions challenged. (Para 8 , 9)
5. evidentiary value of documents may be scrutinized later. (Para 10 , 11 , 12)
6. court declines to interfere with lower court's order. (Para 13 , 14)

JUDGMENT

C. Hari Shankar, J. (Oral)

1. This petition, under Article 227 of the Constitution of India, assails the order dated 12th December, 2019, passed by the learned Additional District Judge (the learned ADJ) in CS No. 610504/2016 to the extent the order allows the application filed by the respondent (the plaintiff before the learned ADJ) under Order VII Rule 14 of the Code of Civil Procedure, 1908 (CPC).

2. The aforesaid suit, at the instance of the plaintiff, sought recovery, from the petitioners (the defendant before the learned ADJ) of an amount of Rs. 50,98,710/-, against certain goods and services stated to have been supplied by the respondent to Petitioner 1.

3. In the written statement filed by them, the petitioners contended that no amounts were due or payable by them to the respondent and that in fact all payments due to the respondent had been made by the petitioners. Para 8 of the written statement filed by the petitioners, which so avers, reads thus:

    "8. Without prejudice, it is submitted that the alleged bills are pertaining to the period 28.10.2013 to 19.06.2014 and are to the tune of Rs.44,12,775/- (Rupees Forty Four Lacs Twelve Thousand Seven Hundred and Seventy Five Only). It is submitted that for the said period, i.e. from 28.10.2013 onwards, the Defendant No.1 has made total payments of more than the alleged outstanding dues of Rs.44,12,775/- (Rupees Forty Four Lacs Twelve Thousand Seven Hundred and Seventy Five Only) to the Plaintiff Company on on-account basis immediately after the bills were raised."

    Details of the payments made by Defendant No.1 are as follows:

Alleged outstanding BillsPayment made by defendant no.1 company
S. No.DateAmountDateAmount
1.28.10.2013Rs. 3,18,2401/-30.10.2013Rs. 2,00,000/-
2.28.10.2013Rs. 30,600/-07.11.2013Rs. 1,50,000/-
3.07.11.2013Rs. 3,12,120/-09.11.2013Rs. 3,00,000/-
4.12.11.2013Rs. 3,04,317/-20.11.2013
21.11.2013
Rs. 1,10,000/-
Rs. 2,00,000/-
5.21.11.2013Rs. 2,34,090/-25.11.2013Rs. 3,50,000/-
6.26.11.2013
27.11.2013
Rs. 78,030/-
Rs. 3,12,120/-
04.12.2013Rs. 4,25,000/-
7.05.12.2013Rs. 4,68,180/-11.12.2013Rs. 5,20,000/-
8.13.12.2013Rs. 3,12,120/-21.01.2014Rs. 3,60,000/-
9.21.01.2014Rs. 3,12,120/-24.01.2014Rs. 3,50,000/-
10.24.01.2014Rs. 3,12,120/-31.01.2014Rs. 3,50,000/-
11.01.02.2014Rs. 3,12,120/-04.02.2014Rs. 3,50,000/-
12.04.02.2014Rs. 3,12,120/-03.03.2014Rs. 3,50,000/-
13.04.03.2014Rs. 2,02,878/-26.03.2014Rs. 2,60,000/-
14.11.06.2014Rs. 2,95,800/-11.06.2014Rs. 3,30,000/-
15.19.06.2014Rs. 2,95,800/-19.06.2014
16.01.2015
Rs. 3,30,000/-
Rs. 3,20,000/-

    A bare perusal of the above table makes it evident that the Defendant No.1 Company has consistently paid the alleged outstanding invoices shortly after the invoices were raised and have to some extent made excess payments. Thus, there are no outstanding dues and the present suit is liable to be dismissed on this ground alone."

4. Ms. Bharti Chawla, learned Counsel for the plaintiff has also drawn my attention to the corresponding paragraph in the replication filed by the respondent, which reads as under:

    "6. That in reply to para 8 of preliminary objections & submissions of written statement it is submitted that defendant asked plaintiff to reconcile the ledger account which plaintiff served upon them and subsequently defendants reconciled their statement and acknowledged the said liability by sending plaintiff's ledger account maintained in their own books of accounts to the plaintiff with-a remark "we confirm the same" along with their rubber stamp seal. The defendants confirmed that amount of Rs. 46,76,148/- is payab

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