Thyro Laboratories v. Thyrocare Technologies Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-12-2024

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE IN C.S.No.57 of 2015 THYRO LABORATORIES 194 1 POONAMALEE HIGH ROAD KILPAUK CHENNAI 600 010 APPLICANT Vs THYROCARE TECHNOLOGIES LTD A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, REPRESENTED BY ITS EXECUTIVE DIRECTOR AND AUTHORISED SIGNATORY MR.A.SUNDARARAJU, D-37/1, TTC, MIDC, TURBHE, NAVI MUMBAI - 400 703.

RESPONDENT For Applicant:

NAVOD PRASANAN FOR M/S.MS BHARATH For Respondent:

R.SUNILKUMAR 1/4

ORDER

This application has been filed by the applicant/defendant seeking leave of this Court to lead secondary evidence to prove the documents listed in paragraph No.4 of the affidavit and Schedule-A of the Judges Summons.

2. Counter affidavit has also been filed by the respondent/plaintiff in this application.

3. The documents for which leave is sought for to let in secondary evidence are (a)Income-tax returns of the defendant; (b)Quotation received by the defendant from K.K.Agency; and (c)Certificate granted by the Department of Industries and Commerce to the defendant. Though serious objections have been raised by the respondent/plaintiff as seen from their counter for allowing this application, this Court, after giving due consideration to the nature of documents filed by the applicant/defendant and the reasons contained in the affidavit filed in support of this application, is of the considered view that no prejudice will 2/4

be caused to the respondent/plaintiff if leave as sought for in this application is granted by this Court by granting liberty to the respondent/plaintiff to question the admissibility, proof and relevance of those document during the cross-examination of the defendant's witness. Accordingly, this application is disposed of by granting permission to the applicant/defendant to lead secondary evidence in respect of the documents disclosed in the Schedule to the Judges Summons and by granting liberty to the respondent/plaintiff to cross-examine the defendant's witness with regard to the admissibility, proof and relevance of the documents for which permission has been granted by this Court through this order to let in secondary evidence.

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