Wipro Enterprises Limited v. Zydus Wellness Products Limited And 2 Others

in C.S.No.23 of 2015 R.SUBRAMANIAN, J.

These three applications have been filed seeking to produce secondary evidence of some of the documents, to produce certain additional documents and to extend the time to lead evidence in chief. 2.The production of secondary evidence is sought for with reference to copies of the sales invoices between the years 2012 and 2014 and the reason assigned is that these original documents that were submitted at the time of institution of the proceedings have been gone missing from the plaintiff's Office. It is also claimed that the invoices have been lost in transit.

3.Accepting the reasons assigned, the application in A.No.2718 of 2020 is allowed. The plaintiff is permitted to produce the copies of the sales invoices as secondary evidence.

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4.As regards the production of additional documents, the plaintiff would claim that these documents have been produced at the interlocutory stage itself but oversight they have been left out to be filed, when the affidavit of documents was filed in the suit. 5.Considering the fact that the trial of the suit has not commenced and there would be no prejudice to the defendants by allowing production of these documents as these documents have been produced even during the interlocutory stage, the application in A.No.2719 of 2020 is allowed. The plaintiff is permitted to produce the documents that have been referred to in A.No.2719 of 2020.

6.A.No.2720 of 2020 has been filed seeking to extend the time for recording evidence of the plaintiff. The same is also allowed. 7.The defendants shall file their affidavit of admission / denial for the additional documents that have been permitted to be produced by 01.07.2021. The parties shall also file their case management schedule on that date.

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Post on 01.07.2021.

17.06.2021 kkn 3/4

R.SUBRAMANIAN, J.

KKN in C.S.No.23 of 2015 17.06.2021 4/4