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Madras High CourtA/6261/2024allowed

Rainbow Hospitals v. Rainbow Children S Medicare Limited

2024-12-09Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-12-2024

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE A.No.6261 of 2024 in C.S. (Comm.Div.) No.254 of 2022 RAINBOW HOSPITALS D. NO. 25, B - 20, RAJAJI STREET, SWARNAPURI, ALAGAPURAM VILLAGE, S. NO. 98/6A, SALEM WEST TALUK, SALEM DISTRICT - 636004 Applicant Vs RAINBOW CHILDREN S MEDICARE LIMITED D. NO. 25, B - 20, RAJAJI STREET, SWARNAPURI, ALAGAPURAM VILLAGE, S. NO. 98/6A, SALEM WEST TALUK, SALEM DISTRICT - 636004 Respondent For Applicant : Mr.Aanchal Nichani For Respondent : Mr.M.S.Bharath for Mr.Ramkumar Natarajan

ORDER

Counter affidavit has been filed in this application objecting to the leave sought for by the applicant/first defendant.

2.Learned counsel for the first respondent/plaintiff has not raised any serious objection for allowing this application, provided the additional documents 1/3

are allowed to be received, subject to its admission, proof and relevancy. 2/3

ABDUL QUDDHOSE,J.

vga 3.This Court is satisfied with the reasons contained in the affidavit filed in support of this application as sufficient cause has been shown by the applicant/ first defendant for not filing the additional documents earlier. However, the first respondent/plaintiff must be granted an opportunity to raise all objections during the cross examination of the defendants' witness with regard to the veracity/ relevancy of the documents for which leave is sought for by the applicant/first defendant. However, the said documents are received by this Court and allowed to be marked as exhibits, subject to its admission, proof and relevancy and without prejudice to the rights and contentions of the respondents in respect of those documents in the main suit.

4.Post the suit on 18.12.2024 for filing affidavit of admission/denial of documents by the plaintiff with regard to the additional documents for which leave has been granted by this Court.

09.12.2024 vga A.No.6261 of 2024 in C.S. (Comm.Div.) No.254 of 2022 3/3