Heard Sri S.V.S.S.Siva Ram, learned counsel for the petitioner.

2. The petitioner is the defendant in C.O.S.No.5 of 2024 on the file of the Court of Special Judge for Trial and Disposal of Commercial Disputes, Visakhapatnam (in short ‘Special Court’).

3. The respondent/plaintiff filed O.S.No.222 of 2019 on the file of the Court of the learned II Additional District Judge, Visakhapatnam,for recovery of a sum of Rs.1,38,21,843/- together with interest @ 25% per annum from the petitioner/defendant.

4. Later on, on the objection and filing of the written statement, the learned Additional District Judge returned the plaint, for filing before the Commercial Court, Visakhapatnam, the nature of dispute being the commercial dispute. The parties were directed to appear before the Special Judge. The O.S., was renumbered as C.O.S.No.5 of 2024. In the C.O.S., the petitioner/defendant filed I.A.No.326 of 2024 under Sections 63, 65 and 114 of the Indian Evidence Act,1872 (in short ‘Act’) seeking to permit the Memorandum of Agreement, (MOA) dated 16.09.2019, as secondary evidence and mark the same as exhibit on behalf of D.W.1. The respondent/plaintiff filed counter, and on consideration, the