Cec-Cici Jv & ORS. v. Oriental Insurance Co. Ltd.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO(OS) (COMM) 149/2024 with CM APPL. 40499/2024 CEC-CICI JV & ORS.

.....Appellants Through:

Mr T.K. Ganju, Sr. Advocate with Mr Gaurav Juneja, Mr Arijit Oswal, Mr Soorya Bala and Ms Muskan Narang, Advocates.

versus ORIENTAL INSURANCE CO. LTD.

.....Respondents Through:

Mr Apoorv Sarvaria, Ms Yashika Sarvaria and Ms Simran Chadha, Advocates

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 13.08.2024 [Physical Hearing/Hybrid Hearing (as per request)] 1.

This appeal is directed against the judgment and order dated 15.05.2024 passed by the learned Single Judge. 2.

Mr T.K. Ganju, learned senior counsel, who appears on behalf of the appellants/plaintiffs, says that although the core issue in the appeal concerns the erroneous rejection of the plea of the appellants/plaintiffs to place on record additional documents, he would confine the appeal to placing on record the statement of the appellants'/plaintiffs' Accountant concerning books of accounts, in terms of Section 65(g) of the Indian Evidence Act, 1872.

FAO(OS) (COMM) 149/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/08/2024 at 11:16:31

3.

Mr Apoorv Sarvaria, learned counsel, who appears on behalf of the respondent/Insurance Company, says that the said statement can be taken on record, subject to any objection that the respondent/Insurance Company may wish to take before the trial court.

4.

The appeal is disposed of with leave to the appellants/plaintiffs to place the statement of the Accountant on record concerning books of account on which the suit action is based, subject to objections that the respondent/Insurance Company may want to raise, albeit as per law. 5.

Given this position, the appellants/plaintiffs are also given leave to place on record fresh affidavits of evidence of their witnesses in place of the existing affidavits. It is made clear that the fresh affidavits of evidence would be filed without appending additional documents which were the subject matter of the impugned judgment and order. 6.

The appeal is disposed of in the aforesaid terms. 7.

The pending application also stands closed.

RAJIV SHAKDHER, J AMIT BANSAL, J AUGUST 13, 2024/PB Click here to check corrigendum, if any FAO(OS) (COMM) 149/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/08/2024 at 11:16:31