SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2024 Supreme(MP) 670

IN THE HIGH COURT OF MADHYA PRADESH
ANAND PATHAK, HIRDESH
Manoj Gupta – Appellant
Versus
Sharma Advertising – Respondent


Advocates appeared:
Somyadeep Dwivedi for petitioner; Sameer Kumar Shrivastava for respondent.

Judgement Key Points

What is the proper procedure for producing documents in a commercial suit?

Key Points: - Petitioner-defendant challenged orders allowing respondent-plaintiff to produce documents post-plaint filing under section 151 CPC and Order 7 Rule 14 CPC in a transferred commercial suit (!) (!) - Suit filed in 2015 for recovery of advertising charges was transferred to Commercial Court in 2020 under section 15 of Commercial Courts Act (!) (!) - Plaintiff sought permission for bills missed due to bona fide mistake via IA under section 151 CPC (2023) and later under Order 7 Rule 14 CPC, both allowed by Commercial Court (!) (!) (!) (!) - Commercial Courts Act requires plaint to include declaration that all relevant documents in plaintiff's possession have been disclosed, with verification via affidavit under Order VI Rule 15A (!) (!) (!) (!) - Defendant argued post-transfer production prohibited, especially after Statement of Truth and affidavits under Order 11 (!) (!) (!) - Court held procedural laws are subservient to substantial justice; violations allowed if no prejudice to opponent and due to bona fide mistake (!) (!) (!) (!) (!) - No prejudice to defendant as opportunity for cross-examination and rebuttal evidence remains (!) - Petition under Article 227 dismissed; impugned orders affirmed, with direction to decide pending IAs and suit expeditiously (!)

What is the proper procedure for producing documents in a commercial suit?


ORDER

Per: Justice Hirdesh:-

1. This Miscellaneous Petition under Article 227 of the Constitution of India has been filed by petitioner- defendant against order dated 7th of February, 2024 as well as subsequent order dated 21.10.2024 passed by Sixth Civil Judge, ClassI, Gwalior (in short '' the Commercial Court'') in COM No.04 of 2020 (arising out of original Regular Civil Suit No.4-B of 2015) whereby application filed by respondent- plaintiff under section 151 of CPC (IA No.01 of 2023, dated 21.2.2023) for taking documents (three bills) on record, which could not be exhibited at the time of filing of plaint, has been allowed as well as subsequent application filed by plaintiff under Order 7 rule 14 of CPC seeking production of bills and paper publications has been allowed.

2. Necessary facts for disposal of present petition, in short, are respondentplaintiff (Firm) filed a civil suit before the Civil Judge, Class-I, Gwalior on 28th of August, 2015, seeking recovery of money of Rs.55,33,021/- along-with interest and cost of litigation, pleading therein that respondent is an Advertising Agency, through which petitioner- defendant had got certain advertisements published in Newspapers

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top