* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 78/2016 Date of Decision: 21.07.2023 IN THE MATTER OF:

M/S EASTERN FASHIONS (INDIA) ..... Plaintiff Through: Mr. Surjeet Singh Malhotra, Advocate versus UNITED INDIA INSURANCE COMPANY & ANR ..... Defendants Through: Mr. Sankar N. Sinha, Advocate for defendant No.1 Mr. Arjun Malik, Advocate for defendant No.2 CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

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 Signature Not Verified Digitally Signed 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:-

S. No.	Particulars
1	Certified copies of packing Credit Account Statements of the Plaintiff from Canara Bank for the period 01.10.2012 to 31.12.2013
2	Retail invoices bearing bill no. 96 and 97 both dated 08.03.2013, bill no. 98 dated 14.03.2013, bill no. 99, 100, 101, 102, 103 all dated 16.03.2013, bill no. 104 dated

Signature Not Verified Digitally Signed

	24.03.2013, bill no. 105 dated 25.03.2013 and bill no. 106 dated 26.03.2013 along with H Forms, Central Sales Tax (Registration and Turnover) Rules 1957
3	Invoice dated 05.04.2013 EFI No. 354 along with airway bill bearing HAWB No. 120103000310
4	Invoice dated 22.06.2013 EFI No. 369 along with bill of lading bearing No. 120613002514
5	Invoice No. EFI No. 342 dated 14.02.2013 shipping bill for export bearing Sr. No. 4042249 dated 19.02.2013
6	Invoice No. EFI No. 347 dated 28.02.2013 shipping bill for export bearing Sr. No. 4273737 dated 04.03.2013
7	Invoice No. EFI No. 348 dated 28.02.2013 shipping bill for export bearing Sr. No. 4273831 dated 04.03.2013
8	Invoice No. EFI No. 349 dated 06.03.2013 shipping bill for export bearing Sr. No. 4462702 dated 15.03.2013
9	Invoice No. EFI No. 344 dated 22.02.2013 shipping bill for export bearing Sr. No. 4182927 dated 27.02.2013
10	Invoice No.

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