Butterfly Gandhimathi Appliances Limited v. M/S.Maya Appliances Private Limited And 2 Others

A.No.4386 of 2022 in C.S.No.677 of 2016 (Comm.Suits) A.No.4386 of 2022 in C.S.No.677 of 2016 (Comm.Suits) M.SUNDAR.J., In these proceedings parties are referred to by their respective ranks in the main suit for the sake of convenience and clarity.

2. Ms.Reshma Rajagopal, learned counsel for defendant and Mr.P.Aravind, learned counsel for plaintiffs are before this Commercial Division.

3. The defendant 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 two additional documents. To be noted, 18 documents have been filed along with the plaint under Order VII Rule 14(1) of CPC.

4. Learned counsel for defendant submits that the applicant / defendant applied for certified copies of the aforementioned documents and 1/2 https://www.mhc.tn.gov.in/judis

A.No.4386 of 2022 in C.S.No.677 of 2016 (Comm.Suits) the authorities concerned have issued the certificates only during the course M.SUNDAR.J., gpa of the present proceedings and therefore, the same could not be filed earlier. Learned counsel for plaintiff opposes the application by stating that the documents may not be of relevance to the defendant. 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 plaintiffs. There shall be no order as to costs.

28.09.2022 gpa A.No.4386 of 2022 in C.S.No.677 of 2016 (Comm.Suits) 2/2 https://www.mhc.tn.gov.in/judis