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Madras High CourtA/4561/2021allowed

M/S. Veppolodai Chemicals v. Ds Spicerco Pvt Ltd And Another

2021-12-22Honourable Mr Justice N. Anand Venkatesh2 pages

A.No.4561 of 2021 A.No.4561 of 2021 in C.S.No.713 of 2015 (Comm.Suit) N.ANAND VENKATESH. J., This application has been filed by the plaintiff, seeking leave of this Court to file additional documents.

2.Heard Mrs.Gladys Daniel, learned counsel for the applicant and Mr.Aashish Dafaria of M/s.Cyril Amardians Mangaldar (Law Firm) for the respondents.

3.The applicant/plaintiff had filed copies of certain invoices for the period from 1989 to 2014 and copies of certain advertisements in various newspapers along with translation copies for the period from 1987 to 2014 at the time of filing the suit. According to the applicant, the originals of all these documents are not available and cannot be produced. Therefore, the applicant, who is in possession of the original invoices for the period from 2009 to 2021 and the sample advertisement for the period from 2002 to 2018 wants to file these documents. Accordingly, the present application has been filed seeking the leave of this Court to bring in these additional documents.

https://www.mhc.tn.gov.in/judis Page No.1/2

A.No.4561 of 2021 N.ANAND VENKATESH.,J nsa 4.The present suit is at the stage of admission and denial of documents and the issues are yet to be framed. Therefore, no serious prejudice will be caused to the defendants if these documents are allowed to be brought in by the applicant/plaintiff.

5.In view of the above discussion, this Court is inclined to allow this application and grant leave to the applicant/plaintiff to file the additional documents. It goes without saying that the documents will be marked subject to relevancy, proof and admissibility. Considering the facts and circumstances of the case, there shall be no order as to costs. 22.12.2021 (1⁄2) nsa A.No.4561 of 2021 in C.S.No.713 of 2015 (Comm.Suit) https://www.mhc.tn.gov.in/judis Page No.2/2