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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NIDHI GUPTA
Lamba Exports Pvt. Ltd. – Appellant
Versus
Kristan Auto – Respondent
JUDGMENT :
Nidhi Gupta, J.
Present revision petition under Article 227 of the Constitution of India has been filed by the defendants/landlords challenging the order dated 22.09.2023 (Annexure Pl) passed by the Commercial Court/ Additional District Judge-cum-Presiding Judge Exclusive Commercial Court at Gurugram exercising jurisdiction under the Commercial Courts Act, 2015 (hereinafter referred to as 'the Act'), whereby the objection raised by the counsel for the respondent/plaintiff/tenant has been accepted; and the petitioners have been denied the permission to put a video clip during the crossexamination of plaintiff/PWl.
2. Brief facts of the case are that the respondent/plaintiff had filed a suit dated 30.05.2022 (Annexure P2) against the petitioners/defendants before the Commercial Court seeking recovery of Rs.1,39,94,230/- which includes Rs.1,32,00,000/- as security deposit; Rs.2,12,400/- for sewerage repair cost; and Rs.5,81,830/- as accumulated interest @ 18% per annum. The said suit was filed under the Commercial Courts Act, 2015 . Facts as pleaded in the plaint were that plaintiff was inducted as a tenant in the suit premises and for that purpose a Lease Deed dated 24.12.
The court upheld the denial of video evidence in cross-examination due to non-compliance with disclosure rules and failure to provide an authenticity certificate as required under Section 65B of the ....
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 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....
Order XI Rule 1(c)(ii) of the CPC permits document production to counter claims made by defendants, allowing flexibility in commercial suits.
Procedural rules should not obstruct substantial justice; reasonable cause for non-disclosure of documents must be interpreted liberally to ensure fair adjudication.
Documents pleaded but not produced with written statement can be introduced during cross-examination of plaintiff's witness without leave if relevant for contradiction and not foreign to pleadings, p....
The court emphasized strict adherence to procedural timelines in commercial disputes, concluding that introducing additional documents post-evidence closure undermines the intent of the Commercial Co....
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