Kay Am Industrial And Business v. Leader Capital Services

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-06-2025

CORAM

THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN in C.S.No.854 of 2006 1.Kay Am Industrial And Business Consultants Private Limited No.39, Sarojini Street, T.Nagar, Chennai-600 017. represented by the Managing Director, V.Jaiganesh. 2.V.Jaiganesh S/o.K. Venkataramani, No.39, Sarojini Street, T.Nagar, Chennai - 600 017.

Applicant(s) Vs

1. Leader Capital Services India Private Limited, 935, Poonamallee High Road, G.K.S.Towers III Floor(A), Chennai 600 084 represented by its Managing Director 2.Leader Trading Commodities Private Limited, 935, Poonamallee High Road, G.K.S.Towers III Floor(A), Chennai 600 084 represented by its Managing Director

3.Mohamed Zameer S/o Musa Kutti C/o Leader Capital Services India Private Limited, 935, Poonamallee High Road, G.K.S.Towers III Floor(A), Chennai 600 084 4.Jitesh Surendran S/o R.J.Surendran C/o Leader Capital Services India Private Limited, 935, Poonamallee High Road, G.K.S.Towers III Floor(A), Chennai 600 084 5.Syed Rashid S/o Ismail C/o Leader Capital Services India Private Limited, 935, Poonamallee High Road, G.K.S.Towers III Floor(A), Chennai 600 084 6.P.V. Aboo Backer Chairman And Corporate Chief Of Leader Group Of Companies, 935, Poonamallee High Road, G.K.S.Towers III Floor(A), Chennai 600 084 7.Kandoth Firoz Husain Kadri Building 4th Floor Chimatpada Road, Marol Naka, Anderi (East), Mumbai, Maharastra 8.Mohammed Ali S/o Ahmed Kutty Ponneth Post, Thazhakode West, Perinthalamanna, Kerala 9.Vithan Chand S/o Chotelal Para Post, Thingdi, Azangarh Dist, Uttar Pradesh 276 305 Respondents(s)

Application filed under Order XIV Rules 8 of the Original Side Rules and Order XI Rule 2 of Commercial Courts Act, to grant leave to file the following documents and receive and take on record the said documents as additional documents in the suit.

For Applicant(s) :Mr.V.Selvaraj For RR 1 and 3 For RR 2 and 4 For R6 For R7 :M/s.Span Associates :M/s.Suresh Associates :Mr.C.Prabhakaran :Mr.T.S.Suresh

ORDER

This application has been filed by the plaintiffs seeking permission to file further documents in the suit. The documents had been listed out in the Judges Summons. A perusal of the same shows that the relate to the proceedings in S.C.No.192 of 2008 on the file of the II Additional City Civil Court, Chennai. They include the copies of the final report and the evidence of the defendants 3, 4 and 5 herein, who had been examined as PW1, 2 and 3.

2. Heard the learned counsel for the applicants and the learned counsel for the respondents.

3.

The documents, which are now sought to be introduced, are copies of documents in a judicial proceeding. The only issue is their relevancy with respect to the relief claimed in the suit. That issue could be decided by the Court on appreciation of the evidence. Subject to that caveat, the documents are permitted to be introduced as additional documents in the suit.

Accordingly, this application stands allowed. 09-06-2025 nsd Index:Yes/No Speaking/Non-speaking order Internet:Yes

C.V.KARTHIKEYAN J.

nsd 09.06.2025