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Madras High CourtA/981/2020allowed

M/S.Acme Commodities Pvt.Ltd. v. The Oriental Insurance Company Ltd And Another

2020-07-08Honourable Mr Justice C.V. Karthikeyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 08TH DAY OF JULY 2020 THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN A.No.981 of 2020 in C.S.No.399 of 2017 M/s.Acme Commodities Pvt. Ltd., No.10 (Plot No.17), Perumal Nagar First Street, Nanganallur, Chennai-600 061.

represented by its General Manager (Administration & Commercials), V.Sriraman ...Applicant/Plaintiff -vs1.The Oriental Insurance Co. Ltd., Regional Office, UIL Building, Fourth Floor, # 4, Esplanade, Chennai-600 108.

represented by its Deputy General Manager, Mr.Ajit Kumar 2.The Oriental Insurance Co. Ltd., Divisional Office, 173, J.N.Road, Thiruvallur-602 001 represented by its Senior Divisional Manager, Mrs.Karpaga Amudha

...Respondents/Defendants

Application praying that this Hon'ble Court be pleased to permit the Applicant/Plaintiff to file the Six Additional documents listed out in the Judge's Summons and annexed to this Application and receive them in evidence.

This application coming on this day before this court for hearing the court made the following order:- This application has been filed by the plaintiff in the suit seeking permission to file 6 additional documents.

2. The suit had been filed by the plaintiff for recovery of a sum of Rs.6,11,93,117.80 together with interest towards a claim for insurance. The plaintiff has filed 39 documents along with plaint. This application has ben filed seeking to file 5 additional documents. It had been stated in the affidavit filed in support of the said application that owing to changes in the internal administration of the Company, the plaintiff was not able to immediately trace the documents and thereafter, with the assistance of a computer specialist, they were able to trace the further documents which are now being filed.

3. Heard Mr. S. Vasudevan, learned counsel for the petitioner.

4. The learned counsel for the respondents has not appeared through video conferencing. However Mr.S.Vasudevan, learned counsel, showed a S.M.S received by him from the learned counsel for the

respondent wherein, it had been stated that the documents can be received by the Court, subject to admissibility proof and relevancy. This stand by the respondent is deeply appreciated.

5. Normally, every document which is taken on record has to cross the test of admissibility, must be relevant and must be proved in manner known to law.

6. With the above observations, this application is allowed. Sd/.C.V.K.J.

08.07.2020 //Certified to be a true copy// Dated this the day of 2020.

SU.09.07.2020 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.