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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
Ostuka Chemicals (India) Private Limited – Appellant
Versus
Trans Engineers India Pvt. Ltd. – Respondent
JUDGMENT :
SUDEEPTI SHARMA J.
1. Since both the revision petitions i.e. CR-5832-2024 and CR-5968-2024, are interconnected, therefore, both the revision petitions are decided by this common judgment.
2. Challenge in the present revision petition is to order dated 16.08.2024 passed by learned Additional District Judge-cum-Presiding Judge, Exclusive Commercial Court, Gurugram, exercising jurisdiction under the Commercial Courts Act, 2015, whereby two applications, i.e. application seeking permission to file replication along with additional documents and application under Section 151 of the Code of Civil Procedure, 1908 (for short, ‘CPC’) for rectification/modification of the application seeking leave to file replication moved on behalf of the respondent/plaintiff were allowed.
CR-5832-2024 (O&M)
3. Challenge in the present revision petition is to order dated 16.08.2024 passed by learned Additional District Judge-cum-Presiding Judge, Exclusive Commercial Court, Gurugram, exercising jurisdiction under the Commercial Courts Act, 2015, whereby application under Order XI Rule 1(c)(ii) and Rule 5 read with Section 151 CPC has been allowed.
BRIEF FACTS OF THE CASE
4. Brief facts of the case, as pe
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....
(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....
Procedural rules should not obstruct substantial justice; reasonable cause for non-disclosure of documents must be interpreted liberally to ensure fair adjudication.
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.
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