Madras High CourtA/3233/2021dismissed

Bharat Petroleum Corporation Limited v. Sri.A.Sreekanth

2021-09-14Honourable Mr Justice R. Subramanian3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN A.No.3233 of 2021 in C.S.No.269 of 2011 Bharat Petroleum Corporation Limited, having its Registered Office at Bharat Bhavan, No.4 & 6, Currimbhoy Road, Ballard Estate, PB No.688, Mumbai 400 001.

and having its place of business at Tondiarpet Installation, No.35, Vaidyanathan Street, Tondiarpet, Chennai 600 081 and Represented by its Territory Manager, Mr.S.Srikanth ...Plaintiff

Versus

Sri A.Sreekanth Sole Proprietor Bharat Petroleum Agency RS No.32/2 Pondy Cuddalore Main Road, Kirumambakkam Pondicherry 607 402.

..Defendant

A.No.3233 of 2021:

Bharat Petroleum Corporation Limited, Having its Registered Office at Bharat Bhavan, No.486, Currimbhoy Road, Ballard Estate, PB No.688, Mumbai 400 001.

and having its place of business at Tondiarpet Installation, No.35, Vaidyanathan Street, Tondiarpet, Chennai 600 081.

...Applicant/Plaintiff

Versus

Sri A.Sreekanth Sole Proprietor Bharat Petroleum Agency RS No.32/2 Pondy Cuddalore Main Road, Kirumambakkam Pondicherry 607 402.

..Respondent/Defendant Application praying that this Hon'ble Court be pleased to receive the following additional documents filed by the Applicant/Plaintiff in C.S. No.269 of 2011.

i)Demand Notice dated 31.07.2012 issued to the Applicant by the Deputy Commissioner (CT); Photo copy.

ii)Final order passed in WP No.30261 of 2012 by the Hon'ble Madras High Court dated 21.11.2012; Photo copy.

iii)Letter from the Applicant to the Deputy Commissioner (CT) dated 06.12.2012 enclosing payment as per the roder dated 21.11.2012; Photo copy.

iv)Final order passed in WP Nos.15799 & 15800 of 2013 dated 11.03.2014 Photo copy

v)Order of the Hon'ble Supreme Court in SLP © CCCNo.15219 of 2016 dated 17.08.2016; and vi)e-challan dated 19.08.2016 Photo copy.

This Application coming on this day before this court for hearing, the Court made the following order:

This application for receipt of documents has been filed under Order VII Rule 14(2) of C.P.C. In view of the provisions of Order XI Rule 7 of C.P.C. as amended by the Commercial Courts Act, 2015, Order VII Rule 14 is inapplicable to a Commercial Suit. Hence, this application is dismissed. Liberty is reserved to the applicant to file a proper application under a proper provision of law.

Sd/-RSMJ 14/09/2021 // Certified to be true copy// Dated at Madras this 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.

Jj 22/09/21