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Madras High CourtA/940/2022allowed

M/S.Elica Pb India Private Ltd., v. Maya Appliances Private Ltd.,

2022-04-05Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

A. No.940 of 2022 in C.S.No.893 of 2017 (Comm. Suits) SENTHILKUMAR RAMAMOORTHY, J This application is filed by the defendant in the suit for leave to produce the additional documents set out in the schedule to the Judge's summons.

2. The respondent/plaintiff opposes this application on the ground that these documents were available even at the time of filing the written statement and additional written statement. Therefore, it is stated that the applicant/defendant has failed to establish reasonable cause. The respondent/plaintiff also states that it reserves its right to raise objections on the grounds of admissibility, relevance and proof.

3. The suit is admittedly at the pre-trial stage. The delay in representing the written statement was condoned by order dated 22.03.2022. The applicant has stated that these documents are relevant and necessary to establish its defence. It is also stated that the production of these documents would not prejudice the plaintiff.

https://www.mhc.tn.gov.in/judis 1/2

SENTHILKUMAR RAMAMOORTHY, J kal

4. Upon considering the said submissions and bearing in mind the stage of the suit, the applicant has established reasonable cause. The production of these documents is however subject to the objections of the respondent/plaintiff inter alia on grounds of admissibility, relevance and proof. The respondent is permitted to file the statement of admission/denial in respect of these documents.

The Registry is directed to number and list the applications filed by the plaintiff, if they are otherwise in order. List on 12.04.2022. 05.04.2022 kal (2/2) A. No.940 of 2022 in C.S.No.893 of 2017 (Comm. Suits) https://www.mhc.tn.gov.in/judis 2/2