Calcutta High Court
Vikram Solar Limited vs Ecgc Limited on 12 April, 2021
Author: Moushumi Bhattacharya
Bench: Moushumi Bhattacharya
ODC-1
ORDER SHEET
IA No.GA/4/2021
In
CS/141/2019
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
VIKRAM SOLAR LIMITED
Versus
ECGC LIMITED
BEFORE:
The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
Date : 12th April, 2021.
[Via video conference] Appearance:
Mr. Zeeshan Haque, Adv.
Mr. Dhruba Ghosh, Sr. Adv.
The Court: This is an application of the plaintiff seeking to bring on record two documents which, according to the plaintiff, are already part of record save and except the renewals of the said documents. The reason given for making this application is that the said documents were discovered subsequently in the Delhi Office of the plaintiff.
The documents are portions of the Export Turnover Policy (ETP) which were availed of by the plaintiff from the defendant and the renewals of the same.2
Learned counsel appearing for the defendant does not have any objection to the two documents being brought on record save and except a document dated 11th April, 2014 from the plaintiff to its broker.
Upon hearing learned counsel, this Court is of the view that since the documents, renewals of which are now being sought to be brought on record were already before the Court, there can be no impediment in allowing this application. The document dated 11th April, 2014, although communication from the plaintiff to a third party, may also be brought on record providing inspection of the same given to the defendant and its advocate-on-record.
In view of the above, GA No.4 of 2021 is allowed in terms of prayers
(a) and (b).
Leave is given to the plaintiff to file the complete ETP together with the renewal documents of the said policy and the said documents may be included in the Judge's Brief of Documents to be filed by the plaintiff, time for which is extended by a week from date. Inspection of the two documents, being Annexures A and B should be given to the defendant/its advocate-on-record within a week from date before filing of the Judge's Brief of Documents.
List CS No.141 of 2019 on 10th May, 2021 for examination-in-chief of the plaintiff's witness.
(MOUSHUMI BHATTACHARYA, J.) RS