M/S Susil Palm Products And 4 Others v. Gurugadahalli Rudresh Sharanth And Another

A.No.2175 of 2022 in C.S.(Comm Div) No.111 of 2021 SENTHILKUMAR RAMAMOORTHY, J The plaintiffs have presented this application for permission to exhibit additional documents.

2. The suit is admittedly at the pre-trial stage. While the first defendant has filed the written statement, the second defendant has not done so as on date. The applicant contends that these additional documents are material for purposes of the suit. The Commercial Tax Assessment Orders are being filed in response to the statement of the first defendant in the written statement that the plaintiffs have not produced evidence that they were carrying on business during the relevant period. As regards the other document, it is stated that these documents were produced both by the plaintiffs and the first respondent in the interlocutory proceedings.

3. The respondents/defendants have filed a counter in response to the application. It is stated that these documents were available as on the date of filing of the suit, and therefore, should have been filed at the inception.

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4. Upon considering the submissions of the parties and, in particular, on taking into consideration the stage of the suit, reasonable cause is established. Accordingly, A.No.2175 of 2022 is allowed.

5. The applicants/plaintiffs are permitted to exhibit these documents subject to the right of the respondents to file an affidavit of admission/denial in respect thereof and raise objections in course of trial inter alia on grounds of admissibility, relevance and proof. List on 20.07.2022.

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SENTHILKUMAR RAMAMOORTHY, J kal A.No.2175 of 2022 in C.S.(Comm Div) No.111 of 2021 06.07.2022 Page No.3 of 3