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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, D.N.RAY
Shalby Limited – Appellant
Versus
Dhiraj Marothi – Respondent
ORDER :
SUNITA AGARWAL, J.
1. Having heard the learned counsels for the parties and perused the record, we may note that, at the outset, the challenge to the judgment and order dated 19.04.2025 passed by the Judge, Commercial Court, City Civil Court, Ahmedabad in application at Exh. 46 filed by the defendant is on the premise that the provision of Order XI Rule 21 of Code of Civil Procedure, 1908 (CPC) had wrongly been invoked by the Commercial Court in entertaining the application at Exh. 46 filed by the defendant under the said provision. Attention of the Court is invited to Section 16 of the COMMERCIAL COURTS ACT , 2015, which reads as under:-
AMENDMENTS TO THE PROVISIONS OF THE CODE OF CIVIL PROCEDURE, 1908
16. Amendments to the Code of Civil Procedure, 1908 in its application to commercial disputes.—(1) The provisions of the Code of Civil Procedure, 1908 (5 of 1908) shall, in their application to any suit in respect of a commercial dispute of a Specified Value, stand amended in the manner as specified in the Schedule.
(2) The Commercial Division and Commercial Court shall follow the provisions of the Code of Civil Procedure, 1908 (5 of 1908), as amended by this Act, in the trial
The court clarified that under the Commercial Courts Act, a party's failure to comply with document production orders may lead to adverse inferences and costs, while ensuring relevance is maintained ....
Order XI Rule 1(c)(ii) of the CPC permits document production to counter claims made by defendants, allowing flexibility in commercial suits.
The court established that mere reference to documents in a written statement does not satisfy the requirement of 'reasonable cause' for late submission under the amended Civil Procedure Rules.
In commercial litigation, negligence or inadvertence does not constitute 'reasonable cause' for late document disclosure; strict adherence to procedural timelines is mandatory under the Commercial Co....
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....
Procedural violations should not impede justice, and courts must favor substantial justice over rigid adherence to rules, particularly when no prejudice to the opposing party has been demonstrated.
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