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Madras High CourtA/3190/2025allowed with costs

M/S Jayaram Electricals Pvt Limited v. M/S Ferdous Hotel Pvt Ltd,

2026-02-04Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.02.2026

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY in C.S. No.616 of 2017 M/s.Jayaram Electricals Private Ltd., (Electrical Engineers & Contractors & Consultants) rep. By its Director Mr.Nirmaal Prabhu, No.5, Papanasam Sivan Salai, Santhome, Chennai - 600 004.

.. Applicant vs 1.M/s.Ferdous Hotel Pvt. Ltd., rep. By its Chairman, No.26/27, Santhome High Road, A Block, 5th Floor, Mylapore, Chennai - 600 004 India.

2.Ershad Ahamed, Chairman of M/s.Ferdous Hotel Pvt. Ltd., No.26/27, Santhome High Road, A Block, 5th Floor, Mylapore, Chennai - 600 004 India.

.. Respondents For Applicant :

Mr.Nithysh Sekhar C For Respondents :

Mr.V.Subramanian 1/4

ORDER

The plaintiff has applied for permission to file additional documents. In the affidavit in support thereof, it is stated that the authorization letter was in the Managing Director's personal locker and he returned from the United States of America recently. It is also stated that some of the documents, such as the defendants' statement of accounts and acknowledgment letter were listed in the written statement but the plaintiff apprehends that the defendants may not file the same.

2. Learned counsel for the defendants opposes this application on the ground that the requirements of Order XI Rule 5 of the Code of Civil Procedure as applicable to commercial suits are not satisfied.

3. The suit is at the stage of commencement of the examination in chief of the plaintiff. The reasons set out in the affidavit in support of this application are not entirely satisfying. The application has been filed in March, 2025 in spite of the suit being filed in 2017. Considering all the facts and circumstances, subject to payment of a sum of Rs.15,000/- as costs by the plaintiff to the 2/4

defendants through their counsel, this application is allowed. The defendants are also entitled to file an affidavit of admission/denial in respect of these documents and raise objections in course of trial. 04.02.2026 mmi (1/2) 3/4

SENTHILKUMAR RAMAMOORTHY,J.

mmi A.No.3190 of 2025 in C.S. No.616 of 2017 04.02.2026 4/4