M/S.A.T.M.Constructions (P)Ltd., v. M/S.Bharath Petroleum Corporation Ltd

A.No.3654 of 2022 in C.S.No.62 of 2020 (Comm.Suits) A.No.3654 of 2022 in C.S.No.62 of 2020 (Comm.Suits) M.SUNDAR.J., In this order, the parties are referred to by their respective ranks in the main suit for the sake of convenience and clarity.

2. Mr.R.Balachanderan, learned counsel for sole plaintiff and Mr.Vadiraj Anirudh, learned counsel representing Mr.S.Ramasubramaniam, counsel on record for two defendants are before this Commercial Division.

3. The plaintiff has taken out the captioned application inter alia under Order XI Rule 5 of 'The Code of Civil Procedure, 1908 (Central Act No.V of 1908' [hereinafter 'CPC' for the sake of brevity] with a prayer qua six additional documents. To be noted, 12 documents have been filed along with the plaint under Order VII Rule 14(1) of CPC.

4. Learned counsel for plaintiff submits that these additional documents are post suit, they are in the nature of reports of experts i.e, 1/2 https://www.mhc.tn.gov.in/judis

A.No.3654 of 2022 in C.S.No.62 of 2020 (Comm.Suits) Engineer and therefore, the same could not be filed earlier. Learned M.SUNDAR.J., gpa counsel for defendants opposes the application by stating that the documents may not be of relevance to the plaintiff. In the light of the narrative thus far, this application is ordered as prayed for albeit with the usual rider that this is subject to proof and relevance as this would put to rest the objection raised by the defendants. There shall be no order as to costs.

Registry to list the main suit on 19.10.2022. 28.09.2022 gpa A.No.3654 of 2022 in C.S.No.62 of 2020 (Comm.Suits) 2/2 https://www.mhc.tn.gov.in/judis