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Madras High Court(TM) A/109/2024allowed

Balar Marketing Private Limited v. Shri Lakha Ram Sharma Trading As M/S. Kundan Cable India

2024-12-19Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.12.2024

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE (TM) A No.109 of 2024 and (T)(TM) A. No.5 of 2024 in (T) OP (TM) No.9 of 2024 and (T)(TM) A.

No.1 of 2024 in (T) OP (TM) No.357 of 2023 Balar Marketing Pvt. Ltd.

.. Applicant in (TM) A No.109 of 2024 vs Shri Lakha Ram Sharma and two others.. Respondents in (TM) A No.109 of 2024 Lakha Ram Sharma .. Applicant in (T) (TM) A. Nos.1 & 5 of 2024 vs Balar Marketing Pvt. Ltd. and another .. Respondents in (T) (TM) A. Nos.1 & 5 of 2024

ORDER

The matters are listed before me for the second time for filing of counter in (TM) A No.109 of 2024.

(TM) A No.109 of 2024:

(TM) A No.109 of 2024 has been filed by the applicant seeking leave of this Court to file additional documents.

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2.Learned counsel appearing for the contesting respondent seeks further time to file counter.

3.The additional documents for which leave is sought for are pleadings and evidences filed in various connected proceedings. To consolidate the same, this application has been filed by the applicant seeking leave of this Court to file the same by way of additional documents. Even though counter is said to have been e-filed, the said counter is not available in the court bundle today. 4.Learned counsel for the applicant submits that she has not been served with the copy of the counter.

5.Since the matter is listed before me for filing of counter, this Court is of the considered view that no prejudice would be caused to the respondents if the additional documents for which leave is sought for in this application are allowed to be received, subject to its admission, proof and relevancy. 6.Accordingly, (TM) A No.109 of 2024 is allowed as prayed for as sufficient cause has been shown by the applicant for filing the additional documents disclosed in the schedule, subject to its admission, proof and relevancy. (T) (TM) A. Nos.1 & 5 of 2024 2/4

(T) (TM) A. No.1 of 2024 has been filed to allow the miscellaneous petition and exempt the applicant from filing the legible copies of documents having sufficient left margin.

(T) (TM) A. No.5 of 2024 has been filed to permit respondent Nos.1 and 2 to place the additional documents on record for proper adjudication of the case. 2.Learned counsel for the respondents has stated no objection for allowing these applications.

3.This Court is of the considered view that no prejudice would be caused to the respondents if the additional documents for which leave is sought for in these application are allowed to be received, subject to its admission, proof and relevancy.

4.Accordingly, these applications are allowed as prayed for as sufficient cause has been shown by the applicant for filing the additional documents disclosed in the schedule, subject to its admission, proof and relevancy of the additional documents.

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ABDUL QUDDHOSE,J.

vga Post the other applications and connected petitions on 28.01.2025. 19.12.2024 vga (TM) A No.109 of 2024 and (T)(TM) A. No.5 of 2024 in (T) OP (TM) No.9 of 2024 and (T)(TM) A.

No.1 of 2024 in (T) OP (TM) No.357 of 2023 4/4