Interim Order 8

Order Details: COPY OF ORDER
Pdf Text: C.S. (COMM) 126/23
NITIN RASTOGI VS. ABHISHEK GIRI
27.07.2024
Present: Sh. Kamal Jindal, Ld. Counsel for plaintiffs with
plaintiff no. 1 in person.
Sh. Amit Sharma, Ld. Counsel for defendants.
As per record, defence of the defendants was struck
off vide order dated 21.05.2024.
Matter could not settled before the Mediation Centre.
Today, matter is fixed for cross-examination of
plaintiff. However, an application under Order XI Rule 1 (5) of
the Commercial Courts Act for filing original documents on
record is filed on behalf of the plaintiff through e-filing. Hard
copies are also filed on record. Copies supplied.
Ld. Counsel for plaintiffs submits that inadvertently,
he filed photocopy of the invoices/bills on which the plaintiff is
relying alongwith the plaint and after those documents were
exhibited in evidence, it came to his notice that those documents
are photocopies and the original are still lying with the plaintiffs.
Ld. Counsel for plaintiffs further argues that by way of present
application, he is filing original invoices of those photocopies
were already filed at the time of filing of suit and no prejudice
would be caused to the defendant if the present application is
allowed and original invoices are taken on record. Ld. Counsel
for the defendants submits that he has no objection if this
application is allowed.
Heard. Record perused. In view of submissions and
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no objections given by the Ld. Counsel for defendants,
application under Order 11 Rule 1 (5) of the Commercial Courts
Act is allowed. Let original documents i.e. invoices/bills whose
photocopies are already on record be taken on record.
Some time is prayed by Ld. Counsel for defendants
for cross-examination of the plaintiff on the ground that his client
has handed over certain documents to him a day before yesterday.
At request, put up for cross-examination of PW-1
and entire plaintiff evidence on 13.08.2024.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East,KKD Courts,Delhi
27.07.2024
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