Rt Diagnostics v. M/S Aarthi Scans Private Limited

A.No.872 of 2024 in C.S.(Comm. Div.) No.16 of 2021 P.VELMURUGAN. J.

The defendants have filed the present application to admit and accept the documents as additional documents as annexed along with the Judge's summons pertaining to the present case.

2. The learned counsel for the applicants/defendants submitted that these documents have impact to substantiate the stand taken by the applicants that are essential and vital to be 'lis pendens' before this Court. Therefore, necessity arose to file these additional documents in the interest of natural justice.

3. The learned counsel for the respondent/plaintiff would submit that the documents are no way related to this case and accepting these documents will not change the result of the suit and the documents are absolutely not necessary. She further submitted that these documents may be evident for compliance of the order of this Court, but it has nothing to do in deciding the suit.

4. Heard and perused the materials available on record.

5. Earlier, in a similar case, the plaintiff had filed application for interlocutory order for injuction and that was dismissed, against which, they filed appeal, which was disposed of by the Division Bench with certain observations.

6. The applicants are arrayed as defendants in the suit. Whether the 1/3

documents are necessary for deciding the suit or not, can be decided only after trial and not at this stage.

7. Under these circumstances, the applications filed by the applicants/defendants are allowed and the documents are received as additional documents.

8. The respondent/plaintiff is directed to file affidavit of admission/denial on or before 15.04.2024.

9. List the main suit on 16.04.2024.

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P.VELMURUGAN. J.

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