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DELHI HIGH COURT
JYOTI SINGH
Phonepe Private Limited – Appellant
Versus
Ezy Services – Respondent
| Table of Content |
|---|
| 1. filing additional documents by defendants (Para 1 , 2) |
| 2. plaintiff seeks injunction against defendants (Para 3 , 4 , 5) |
| 3. defendants' arguments for admissibility of documents (Para 6 , 9 , 10) |
| 4. plaintiff's objections to defendants' documents (Para 7 , 8 , 19) |
| 5. legal standards for document admission (Para 11 , 12 , 13 , 14 , 15 , 16 , 18) |
| 6. court's rationale for allowing/disallowing documents (Para 25 , 26 , 27 , 28) |
| 7. conclusion and order of the court (Para 29 , 30 , 31 , 32 , 33) |
JUDGMENT
Jyoti Singh, J.
I.A. 9897/2021 (Under Order 11 Rule 1(10) read with Section 151 CPC, by Defendants), 9898/2021 (Under Section 151 CPC, by Defendants)
1. I.A. 9897/2021 has been filed on behalf of the Defendants for filing additional documents under Order XI Rule 1(10) read with Section 151 CPC as amended by the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereinafter referred to as the `Act').
2. I.A. 9898/2021 has been filed on behalf of the Defendants seeking permission to file certain contracts mentioned in the List of Documents in I.A. 9897/2021, in a sealed cover as they contain information which is confidential an
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....
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 court ruled that timely disclosure of evidence is critical under the Commercial Courts Act, and failure to show reasonable cause for delays can result in exclusion of documents at trial.
The court emphasized the strict adherence to document filing rules in commercial disputes, denying late submission of documents without establishing reasonable cause for prior non-disclosure.
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....
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 established that non-filing of documents due to negligence does not constitute reasonable cause for allowing additional evidence under the CPC.
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