Full Order Text
Interim Order 13 · 18 Aug 2025 · CNR DLCT030072432023
Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: 16 CS SCJ 2387/23 M/S EMARSONS COURIERS Vs. M/S VORTEX RUBBER INDUSTRIES PVT. LTD. AND ANR. 18.08.2025 Present: Ms. Kulwant Kaur and Sh. Naveen Kumar, Proxy Counsel for plaintiff with plaintiff. Sh. Kalimuddin, Ld. Counsel for defendants no.1 and 2. Matter is at the stage of final arguments/filing proposed application for additional documents on behalf of plaintiff/reply and arguments. An application has been filed under Order 18 Rule 17 r/w Section 151 C.P.C. on behalf of the plaintiff for recalling the plaintiff PW-1 for tendering the Certificate under Section 63 of BSA w.r.t. the ledger filed by the plaintiff. Same is taken on record. Copy supplied. Additional evidence by way of affidavit has been filed on behalf of PW-1/plaintiff w.r.t. the Certificate under Section 63 of BSA. Same is taken on record. Copy supplied. Ld. Counsel for the defendants no.1 and 2 submits that he does not wish to file reply to the aforesaid application and states that arguments will be heard on merits. Arguments heard on the aforesaid application. Heard. Perused. It is settled by the Hon’ble Supreme Court that Certificate under Section 63 of BSA (Old Section 65-B Indian Evidence Act) can be filed at any stage of the trial. The document i.e. Certificate under Section 63 of BSA is essential for the just and fair disposal of the suit as same pertains to the ledger filed by the plaintiff. Accordingly, the application under Order 18 Rule 17 r/w Section 151 C.P.C. on behalf of the plaintiff for recalling the plaintiff PW-1 for tendering the Certificate under Section 63 of BSA w.r.t. the ledger filed by the plaintiff is hereby allowed and disposed off. Additional document i.e. Certificate under Section 63 of BSA is taken on record. PW-1 is further examined after 10.03.2025 and discharged. Put up for final arguments on 08.09.2025. (Aakash Sharma) Civil Judge-02 (Central), Delhi 18.08.2025 -- 1 of 1 --
