ORDER

% 22.05.2024 CM APPL. 31088/2024

1. Allowed, subject to all just exceptions.

2. The application shall stand disposed of.

C.R.P. 161/2024 and CM APPL. 31087/2024

3. The petitioner who is defendant in the suit under Order 37 CPC instituted by the respondent/plaintiff assails the impugned order dated 26.03.2024 passed by learned Presiding Officer, (Commercial Court

03) (South-East) Saket Courts, New Delhi.

4. None is present for the respondent despite sending advance notice.

5. It would be apposite to refer to the observations made by the learned trial court while deciding the application under Order XXXVII The Order is downloaded from the DHC Server on 27/05/2024 at 12:30:42

Rule 3 CPC which goes as under :

8. The case of the plaintiff is based on the invoices as well as the ledger statement and long standing business relationship which was previously with proprietor ship firm, however, later on turned into partnership firm. Under Commercial Courts Act, the suit can be filed on the basis of photocopies. Ld. Counsel for the plaintiff submitted that plaintiff having possession of the original documents, therefore, mere non filing of the same do not in any manner could be