JUDGMENT

MANOJ KUMAR OHRI, J. (ORAL)

I.A. 1491/2023 (Under Order VII Rule 14(3) by the plaintiff)

1. The plaintiff has preferred the present application filed under Order 11 of the Commercial Courts Act read with Order VII Rule 14(3) read with Section 151 CPC to place on record additional documents.

2. Learned counsel for the plaintiff submits that filing of the aforesaid documents has been necessitated on account of the specific questions put by the defendants to the plaintiff during his cross-examination conducted on 07.11.2019 and 12.10.2022. It is contended that on the latter date, only the ‘packing credit account statement’ was permitted to be taken on record and the other documents were rejected. It is further submitted that the documents in question are invoices in respect of which, the present suit for recovery has been filed.

3. Learned counsels for the defendants, on the other hand, pray for rejection of the application. It is submitted that all the documents in question, were in the power, possession and control of the plaintiff at the time of filing of the suit and as such, cannot be permitted to be placed on record at this juncture.

4. A perusal of the plaint would show that the plaintiff has instituted the present suit for recovery. It has been claimed that plaintiff had obtained credit facilities from defendant No.2 who, for and on behalf of plaintiff, took insurance policy from defendant No.1, to cover fire and other risks for the goods stored at the factory premises. The premium for the insurance policy was paid by defendant No.2. During the subsistence of the insurance policy, a fire broke out in the said factory premises on 09.01.2013, leading to damage to the structure, goods comprising of fabrics, cotton rolls, pollyfill material etc. The efforts to extinguish the fire further led to water logging in the basement, leading to extensive damage. Plaintiff filed an insurance claim and provided documents including the stock statement as well as list of orders that were confirmed by the buyers or buying agencies etc.

5. The additional documents that are now sought to be relied on/produced are as follows:-