Interim Order 13

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
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