India Pharmaceuticals v. Apex Laboratories Limited,

Application No.8528 of 2018 in C.S.No.367 of 2000 KRISHNAN RAMASAMY, J., The present Application has been filed by the applicant/defendant for marking the defendant's side documents D1 to D10 in the instant suit.

2. The learned counsel appearing for the applicant/defendant submitted that the applicant/defendant has filed ten documents viz., D1 to D10 along with the written statement. She prays this Court that out of the aforesaid ten documents, at least five documents viz., D1, D2, D5, D9 & D10 may be permitted to be marked on the side of the defendant in C.S.No.367 of 2000.

3. The learned counsel appearing for the respondent submitted that as far as the two documents D1 & D2 are concerned, he has no objection to this Application being allowed but as far as rest of the documents viz., D5, D9 & D10 are concerned, the same may be allowed with subject to the proof and relevance.

4. Considering the submissions made by the respondent's counsel, this Court is inclined to allow this Application as stated by him. Accordingly, this Application is allowed on the following terms: (a) documents D1 & D2 are permitted to be marked on the side of the defendant and

KRISHNAN RAMASAMY, J., mrr (b) documents D5, D9 & D10 are permitted to be marked on the side of the defendant only with subject to the proof, admissibility, and relevance.

5. The learned counsel for applicant is directed to file the Proof Affidavit.

6. Post the matter on 03.07.2019.

10.06.2019 mrr Application No.8528 of 2018 in C.S.No.367 of 2000