K Ashok Kumar v. P Gopi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY A.No.807 of 2025 in C.S(Comm.Div)No.43 of 2022

1. K.Ashok Kumar

2. Sunitha Ashok Kumar

3. Sunitha Green Energy Pvt. Ltd., Represented by its Director CIN U40106TN016PTC112203 Registered Office at No.29/31, Srinidhi Flats, Perumal Koil Street, West Mada Street, Saidapet, Chennai-600 015.

... Applicants vs.

1. P.Gopi

2. Carrier All Cars Pvt. Ltd., Represented by its Director P.Gopi Having its Factory and Office at Vadakkal Village, Sriperambudur, Kancheepuram District.

3. C.P.Shivakumar 4.Ramesh Kumar

5. TANUN Electrical Engineering Works Pvt. Ltd., Having its Registered Office at No.45/16, 1st floor, Anna Main Road, MGR Nagar, Chennai-600 078.

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6.R.Subramaniam 7.M/s.NPK Investments LLC, USA, Virginia Limited, Liability Company, Represented by Narasimha Koppula, 1615, Admirals Hill Ct., Vienna (VA 33182), USA.

.. Respondents Prayer:Application is filed under Order XIV Rule 8 of O.S. Rules Read With Order XI Rule 1(7) as amended by the Commercial Courts Act, 2015, to permit the applicants/defendant nos. 1 to 3 to mark the additional document in chief examination of the applicants/defendant nos. 1 to 3 in support of their proof affidavit filed on 12.02.2025 before Additional Master No.IV.

For Applicants : Mr.R. Anish Kumar For R1 and R2 : Mr.R.Subramanian

O R D E R

The 1st and 3rd defendants have filed this application for permission to rely on the document described in the schedule to the Judge's summons. In the affidavit in support of this application, it is stated that the document is relevant and necessary to the defence of defendants 1 to 3.

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2. Learned counsel for the plaintiffs has no objection to this application being allowed subject to the right of the plaintiffs to file an affidavit of admission/denial in respect thereof and raise objections, inter alia, on the grounds of admissibility, relevance and proof in course of trial.

3. In view of the above submissions, this application is allowed as prayed for subject to the right of the plaintiffs to file an affidavit of admission/denial in respect of the additional document and raise objections, inter alia, on the grounds of admissibility, relevance and proof in course of trial.

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SENTHILKUMAR RAMAMOORTHY,J.

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