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Madras High CourtA/4799/2024allowed

Kovilpatti Lakshmi Roller Flour Mills Limited Klrfm v. Cape Flour Mills Private Limited (Cape)

2024-12-10Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-12-2024

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE IN C.S(COMM DIV).No.48 of 2022 A.NO.4799 of 2024 KOVILPATTI LAKSHMI ROLLER FLOUR MILLS LIMITED KLRFM 758 BENARES CAPE ROAD GANGAIKONDAN, TIRUNELVELI 627 352 APPLICANT Vs CAPE FLOUR MILLS PRIVATE LIMITED (CAPE) 758 BENARES CAPE ROAD GANGAIKONDAN, TIRUNELVELI 627 352 AND ANOTHER RESPONDENTS A.NO.5729 of 2024 KOVILPATTI LAKSHMI ROLLER FLOUR MILLS LIMITED KLRFM 758 BENARES CAPE ROAD GANGAIKONDAN, TIRUNELVELI 627 352 AND ANOTHER APPLICANTS Vs MR.M.PARTHASARADHI 758 BENARES CAPE ROAD GANGAIKONDAN, TIRUNELVELI 627 352 AND ANOTHER 1/4

For Applicants:

M.S.BHARATH For Respondents:

R.SATHISH KUMAR COMMON ORDER These applications have been filed by the applicants/plaintiffs seeking leave of this Court to produce additional documents and to lead secondary evidence in respect of the documents mentioned in Schedule-A to the Judges Summons.

2. Learned counsel for respondents/defendants would submit that the applications may be allowed and the documents may be received subject to its admission, proof and relevancy. Similarly, learned counsel would submit that the leave to let in secondary evidence sought for by the applicants/plaintiffs may also be allowed provided that the respondents/defendants are permitted to raise all objections with regard to the said documents during the course of trial and also in the main suit. 2/4

Accordingly, the aforementioned applications are allowed as prayed for and the documents are allowed to be received subject to its admission, proof and relevancy and the respondents are permitted to raise all objections with regard to the additional documents as well as the documents marked by way of secondary evidence during the cross-examination of the applicants/plaintiffs' witnesses and the concerned Master shall record the said objections and thereafter, proceed with the trial. The respondents/defendants are also permitted to raise objections during the arguments in the main suit.

10-12-2024 GM To

1. CAPE FLOUR MILLS PRIVATE LIMITED (CAPE) 758 BENARES CAPE ROAD GANGAIKONDAN, TIRUNELVELI 627 352

2. PR SRINIVASAN SONS PRS SONS REPRESENTED BY P R S SRINIVASAN NO 658 MANTHITHOPPU ROAD KOVILPATTI 628502 3/4

ABDUL QUDDHOSE, J gm IN C.S(COMM DIV).No.48 of 2022 10.12.2024 4/4