Order 10

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM.) No. 225/23
CALCO POLY COMPOUND Vs. SANGSHARMANN PLAST
PVT LTD
06.08.2025
Present: Sh. Adhamay Pal Singh, Ld. Proxy Counsel for the
plaintiff.
Sh. Abhinav Gupta, Ld. Counsel for the defendant.
Ld. Counsel for the plaintiff has already filed
affidavit of admission/denial to the defendant’s documents as
well as replication and an application under Order XI rule 1 (5)
CPC for taking the additional documents on record.
Ld. Counsel for the defendant has objected to filing
of replication beyond period of 45 days as the Delhi High Court
Original Side Rules as applicable to the Commercial Court
prescribes a maximum period of 45 days in filing the replication.
The application for filing additional documents is also opposed
as this document was in power and possession of the plaintiff at
the time of filing of the suit and cannot be taken on record.
The original side High Court Rules prescribing 45
days for filing the replication are applicable to only to the
Hon’ble High Court. These original side rules are not applicable
to the Commercial Courts Act District level. Though, there is a
delay in filing the replication as per the order dated 10.07.2025,
yet the same is condoned and the replication is taken on record.
Coming to the application to place on record the
additional documents, Order XI rule 1 (i) (c) (ii) CPC permits the
plaintiff to file documents which are relevant in response to the
case set up by the defendant in the WS. The defendant in the WS
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has disputed the delivery of goods and plaintiff wants to file C
form issued by the defendant to show that the goods were duly
received by the defendant. The documents is taken on record.
Defendant is directed to file the affidavit of
admission/denial to the fresh documents filed with the replication
within 2 weeks with advance copy.
Put up for case management hearing and framing of
issues on 23.09.2025.
(AMIT KUMAR)
District Judge, Comm. Court-01
North, Rohini Courts, Delhi
06.08.2025
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