Delhi High Court - Orders
Apl Apollo Tubes Limited vs Supreme Colour Roofing And Decking ... on 21 September, 2023
Author: C.Hari Shankar
Bench: C.Hari Shankar
$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 428/2023, I.A. 11420/2023 & I.A. 18449/2023
APL APOLLO TUBES LIMITED ..... Plaintiff
Through: Mr. Tushar John, Adv.
versus
SUPREME COLOUR ROOFING AND DECKING PRIVATE
LIMITED ..... Defendant
Through: Mr. Sagar Chandra, Adv.
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 21.09.2023 (Through Video-Conferencing) I.A. 11420/2023 [under Order XXXIX Rules 1 & 2, CPC]
1. Mr. Tushar John, learned Counsel for the plaintiff submits that he has received a copy of the reply filed by the defendant in this application only the day before yesterday. He seeks and is granted two weeks' time to file rejoinder thereto.
2. Re-notify the application before the Court on 21 November 2023.
I.A. 18449/2023 [under Order XI Rule 1(10), CPC]
3. This is an application under Order XI Rule 1(10) of the Code of Civil Procedure, 1908 (CPC) as amended by the Commercial Courts Act by the defendant to place additional documents on record. Mr. Tushar John, learned Counsel for the plaintiff points out that the CS(COMM) 428/2023 Page 1 of 2 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/09/2023 at 23:51:15 application is not accompanied by any documents. Mr. Sagar Chandra also acknowledges this fact but submits that this application is being filed in advance and that the documents would be filed thereafter.
4. To my mind, Order XI Rule 1(10) requires the application to be filed along with the documents. The Court would, at that stage, examine whether a case for taking the documents on record is or is not made out.
5. Reserving liberty with the plaintiff to do so, therefore, this application is disposed of.
CS(COMM) 428/2023
6. List before the learned Joint Registrar (Judicial) for completion of pleadings, admission and denial of the documents and marking of exhibits on the date already fixed, i.e. on 7 December 2023.
C.HARI SHANKAR, J SEPTEMBER 21, 2023 ar CS(COMM) 428/2023 Page 2 of 2 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/09/2023 at 23:51:15