← Library
Madras High CourtA/3115/2021allowed with costs

M/S.Bharat Petroleum Corporation Ltd., And Another v. M/S.Atm Constructions (P) Ltd.,

2021-09-08Honourable Dr Justice G. Jayachandran7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 08th DAY OF SEPTEMBER 2021 THE HON'BLE DR. JUSTICE G.JAYACHANDRAN A.No.3115 of 2021 in C.S.(Comm.Div.)No.62 of 2020 ... Plaintiff 1.M/s Bharath Petroleum Corporation Ltd., having its registered office at Bharath Bhavan, No.4 and 6, Currimbhoy Road, Ballard Estate, Mumbai 400 028, Represented by its Senior Manager - Legal (South), ... Defendants A.No.3115 of 2021:- 1.M/s Bharath Petroleum Corporation Ltd., having its registered office at Bharath Bhavan, No.4 and 6, Currimbhoy Road, Ballard Estate, Mumbai 400 028, Represented by its Senior Manager - Legal (South),

... Applicants/Defendants ... Respondent/Plaintiff Application praying that this Hon'ble Court be pleased to receive the following additional documents filed by the Applicant/Plaintiff i. Lease deed dated 29.06.2021 registered as document no.1866/2021 ii. Lease deed dated 15.07.2013 registered as document no.2190/2013 iii.Lease deed dated 07.05.2018 registered as document no.663/2018 iv.Lease deed dated 27.06.2003 registered as document no.624/2003 v.Lease deed dated 01.04.2004 registered as document no.941/2004 vi.Lease deed dated 23.04.1998 registered as document no.1087/2001 This application coming on this day before this court for hearing in the presence of M/s Geetha Ara for M/s S.Ramasubramaniam and Associations, Advocate for the applicant herein, and Mr.R.Balachandran, Advocates for the respondent herein, and upon reading the Judge's Summons and the affidavit of Gururaj Sankh filed herein, it is

ordered as follows:- That the applicants/defendants herein shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) as costs to the Secretary, Tamilnadu State Legal Services Authority, High Court, Chennai on or before 27.09.2021.

2. That the Application No.3115 of 2021 in C.S.(Comm.Div.)No.62 of 2020 be posted on 28.09.2021 for framing issues. WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 08th DAY OF SEPTEMBER 2021.

Sd/- ASSISTANT REGISTRAR (COMM.CASES) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

MU 22.09.2021 A.No.3115 of 2021 in C.S.(Comm.Div.)No.62 of 2020

ORDER

DATED : 08.09.2021 THE HON'BLE DR.JUSTICE G.JAYACHANDRAN FOR APPROVAL: 22.09.2021 APPROVED ON: 23.09.2021 Copy to:- The Secretary, Tamilnadu State Legal Services Authority, High Court, Chennai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 08th DAY OF SEPTEMBER 2021 THE HON'BLE DR. JUSTICE G.JAYACHANDRAN A.No.3115 of 2021 in C.S.(Comm.Div.)No.62 of 2020 ... Plaintiff 1.M/s Bharath Petroleum Corporation Ltd., having its registered office at Bharath Bhavan, No.4 and 6, Currimbhoy Road, Ballard Estate, Mumbai 400 028, Represented by its Senior Manager - Legal (South), ... Defendants A.No.3115 of 2021:- 1.M/s Bharath Petroleum Corporation Ltd., having its registered office at Bharath Bhavan, No.4 and 6, Currimbhoy Road, Ballard Estate, Mumbai 400 028, Represented by its Senior Manager - Legal (South),

... Applicants/Defendants ... Respondent/Plaintiff Application praying that this Hon'ble Court be pleased to receive the following additional documents filed by the Applicant/Plaintiff i. Lease deed dated 29.06.2021 registered as document no.1866/2021 ii. Lease deed dated 15.07.2013 registered as document no.2190/2013 iii.Lease deed dated 07.05.2018 registered as document no.663/2018 iv.Lease deed dated 27.06.2003 registered as document no.624/2003 v.Lease deed dated 01.04.2004 registered as document no.941/2004 vi.Lease deed dated 23.04.1998 registered as document no.1087/2001 This Application coming on this day before this court for hearing the court made the following order:- The defendants have taken out this application to receive six additional documents starting from 23.04.1998 to 29.06.2021.

2. Out of six documents, except one which is dated 29.06.2021 all other five documents are prior to the suit and there is no plausible reason given by the applicant why these documents were not accompanied along with the written statement which they are supposed to file as per the provisions contemplated under the C.P.C., and Commercial Courts Act. However, the learned counsel for the plaintiff has no objection in receiving the documents.

3. Therefore, this Court allows the application on payment of a sum of Rs.5,000/- (Rupees Five Thousand only) as costs payable to the Secretary, Tamilnadu State Legal Services Authority, High Court, Chennai on or before 27.09.2021.

4. Post the matter on 28.09.2021 for framing issues. Sd./-G.J.J.

08.09.2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.