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Madras High CourtA/3072/2023allowed

M/S.Lubecon Petro Products v. A1 Zahara Petrochemicals Llc

2023-08-08Honourable Ms. Justice P.T. Asha3 pages

A.No.3072 of 2023 in C.S(Comm Div).No.156 of 2023 P.T.ASHA.J., The above application is filed to grant leave to the 1st defendant to file the Xerox copies of the documents morefully described in the Judge's Summons herewith filed.

2. The learned counsel for the respondent/plaintiff would submit that already the invoices have been filed on the side of the plaintiffs themselves and there was no necessity to replicate the very same documents. He would also submit that the documents ought to have been annexed with the written statement and the application is nothing but an attempt to protract the proceedings.

3. Heard both counsels.

4. The documents which are now sought to be filed have already 1/3

been referred to in the written statement. That apart, it is the case of the applicant/defendant that the documents have been filed in a connected suit C.S.No.79 of 2011 and that when the documents are going to be marked the applicant would obtain the certified copies from the other suit and file it into this Court.

5. Considering the above submissions and the fact that the sufficient reasons have been given in the affidavit filed in support of this application, the application is ordered and leave is granted to the 1st Defendant to file the Xerox copies of the documents morefully described in the Judge's Summons, subject to proof and relevancy.

6. Post the matter for filling the affidavit of admission and denial by the plaintiff on 21.08.2023.

08.08.2023 shr 2/3

P.T.ASHA.J., A.No.3072 of 2023 in C.S(Comm Div).No.156 of 2023 08.08.2023 3/3