Interim Order 9

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM.)442/2024
CNR No.DLNW010064262024
M/s S K Trader
Vs.
M/s Bansal Enterprise
13.10.2026
Present: Sh.Rajan Chaudhary, Ld. Counsel for plaintiff.
Sh.Yogesh Goel, Ld. Counsel for defendant.
Report of Ld. Local Commissioner is received.
An application moved on behalf of the defendant
under Order XI Rule 5 read with Section 151 CPC, seeking leave
of the court to place on record the additional documents i.e. part
bank statements of the defendant for the months of February
2021 and March 2021.
Arguments on this application heard. Record
perused.
It is stated in the present application that the matter
is at the stage of defendant’s evidence. That the defendant had
previously placed on record his bank statement maintained with
Standard Chartered Bank for the period from 04.03.2021 to
09.07.2021, however, the relevant part bank statements for
February 2021 and March 2021, reflecting payments allegedly
made to the plaintiff, were inadvertently omitted while filing the
documents. That the plaintiff acknowledged receipt of certain
amounts from the defendant during his cross-examination and
that the proposed documents are necessary to substantiate the
defendant’s existing defence. It is prayed that the application may
kindly be allowed.
On the other hand application is strongly opposed by
Ld.counsel for defendant.
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2.
CS (COMM.)442/2024
I have considered the submissions made by
Ld.counsel for parties and perused the material on record. The
documents sought to be placed on record pertain to the alleged
payments between the parties and appear relevant for the proper
adjudication of the controversy involved in the present suit. The
matter is already at the stage of defendant’s evidence. No serious
prejudice is going to be caused to the opposite party. Taking into
consideration the submissions made, the application under order
XI rule 5 read with Section 151 CPC moved on behalf of
defendant is allowed subject to payment of cost of Rs. 5,000/- by
the defendant to the plaintiff. The documents as prayed as taken
on record subject to the payment of cost on or before next date.
The plaintiff shall be at liberty to raise objections regarding the
admissibility and evidentiary value of the said documents in
accordance with law.
The defendant has also moved another application
under order XXVI Rule 10A read with order XIII Rule 8 and
Section 151 CPC seeking forensic examination of the
undertaking dated 01.01.2024.
Heard. Record perused.
The matter is at the stage of defendant’s evidence. It
is for the parties to bring the evidence in support of their stand in
the case. It is not required from the court to collect evidence for
the parties. The parties are at liberty to obtain forensic opinion
and examine expert witnesses to prove their stand during the
evidence. In view of above, the above application moved on
behalf of defendant is disposed off.
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3.
CS (COMM.)442/2024
The plaintiff is directed to file the documents i.e.
undertaking dated 01.01.2024 within a period of 15 days from
today. After filing of the said document by the plaintiff, the
defendant is at liberty to get the said document
inspected/examined from the expert.
Be put up for report of Ld. Local Commissioner
regarding evidence on 15.01.2027.
( Devender Kumar Jangala )
District Judge (Commercial Court)-01
North-West, Rohini, Delhi.
13.10.2026
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