Delhi High Court - Orders
Bharat Heavy Electricals Ltd vs M/S Public Establishment Of ... on 1 February, 2019
Author: J.R. Midha
Bench: J.R. Midha
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 3435/2012
BHARAT HEAVY ELECTRICALS LTD ..... Plaintiff
Through Mr.Prashant Mehta, Ms.Vasundhara
Bhardwaj, Mr.Harsh Kumar,
Advocates
versus
M/S PUBLIC ESTABLISHMENT OF
ELECTRICITY FOR GENERATION & ORS ..... Defendants
Through Mr.Manish Rajput, Advocate for
defendant No.6
Mr.Ashish Rana, Mr.Anurag Kumar
Singh, Advocates for respondent No.7
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
ORDER
% 01.02.2019 I.A.12765/2017
1. Defendant No.7 is seeking permission to place on record additional documents mentioned in para 2 of the application.
2. Learned counsel for defendant No.7 submits that the aforesaid documents were misplaced by the defendant and therefore, could not be filed along with the written statement. It is further submitted that the aforesaid documents are relevant for determining the issues between the parties and they were referred to in the written statement.
3. Learned counsel for the plaintiff submits that there is undue delay in filing of the documents. It is further submitted that the plaintiff's evidence has already concluded. However, it is not disputed that the defendant has referred to these documents in the written statement.
4. The application is allowed considering that the documents in question were referred to by the defendant in the written statement and are relevant for determining the issues between the parties. However, for the delay caused, defendant No.7 shall pay cost of Rs.15,000/- to the plaintiff within three weeks. The plaintiff is at liberty to lead rebuttal evidence after the conclusion of the defendant's evidence to rebut the documents permitted to be filed by the defendant.
5. Copy of this order be given dasti to counsel for the parties under the signature of the Court Master.
J.R. MIDHA, J.
FEBRUARY 01, 2019 dk