Madras Race Club v. The Tamil Nadu Cricket Association
Orders Reserved on 20.08.2024 Orders Pronounced on A.No.3634 of 2024 and O.A.No.37 of 2022 and C.S.No.20 of 2022 RMT. TEEKAA RAMAN., J.
The applicant/plaintiff seeks permission to mark the photocopies of the plaint documents as Exs.A1 to A46 without insisting on the production of the originals.
2. Counter has been filed by the respondent.
3. The applicant/plaintiff has filed the above suit in C.S.No.20 of 2022 seeking the relief for Mandatory Injunction, directing the defendant to specifically perform the Memorandum of Understanding dated 21.04.1997, by issuing 600 complimentary tickets and 1,200 tickets to the plaintiff at concessional rate, and issue 10 complimentary tickets in 'A' stand for the officials of the plaintiff for all International Cricket Matches, including the matches of Indian Premier League and any other Premier League that may be conducted and played at the M.A.Chidambaram Stadium, Chennai and to declare that the termination of Memorandum of Understanding dated 21.04.1997 as null and void.
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4. Written statement is filed.
5. The matter is at the recording of evidence stage before the learned Master.
6. Now, the present application is filed for receipt of the plaint documents as Exs.A1 to A46, the xerox copies are marked.
7. In the counter, it is objected for the marking of document.
8. On perusal of the plaint document, I find that Doc.No.I is admitted and may be marked as Ex.A1. Doc.Nos.2,3,6,7,8,9 and 10 are letters sent by the defendant to the plaintiff. Doc.Nos.11,12,13 are the copies of the Court order. Doc.No.14 is the Memorandum of Understanding subject matter of the suit. Doc.Nos.15 to 23 are the letters sent by the defendant to the plaintiff. Doc.No.24 is the plaint copy and Doc.No.25 is the letter sent by the plaintiff to the defendant. Doc.Nos.26 to 30 are letters sent by the defendant to the plaintiff and Doc.No.31 is the reply and from Doc.Nos.32 to 44 are inter communication between the plaintiff and the defendant. While Doc.Nos.45 and 46 are the legal notice and reply notice.
9. Hence, I find that these documents are inter party communication through e-mail between the parties and most of the documents are defendant's document and besides, not denied by the defendant in written statement and 2/4
others are related judicial proceedings related to parties. Hence, I am inclined to allow this application, however to be marked subject to proof and relevancy and also subject to filing of 65-C certificate in respect of E-mails.
10. In the result, this application is allowed and post the matter before the learned Master on 22.10.2024 for marking of evidence. nvi 3/4
RMT. TEEKAA RAMAN., J.
nvi Order in A.No.3634 of 2024 and O.A.No.37 of 2022 and C.S.No.20 of 2022 4/4