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Iffco Tokio General Insurance Co.Ltd.& ... vs Inder Travesls Pvt.Ltd.& Others on 1 August, 2024 cites

Hassad Food Company Q.S.C. & Anr vs Bank Of India & Ors on 14 September, 2018

33. PW1/4, as explained by the PW1 in his evidence by way of affidavit, are the relevant screenshots of the webpage- bsplink.iata.org. They are being filed by the witness merely to show the BSP link and the manner of its operation and to clarify how the BSP Statement is generated. The learned counsel for the plaintiffs has explained that the necessity of producing the said documents has arisen because of the denial of the defendants to having access to the bsplink of the plaintiff No.2 in their Written Statement. As noted hereinabove, Order XI Rule 1(1)(c)(ii) of the CPC allows the plaintiff to produce at a later stage, documents in answer to any case set up by the defendant subsequent to the filing of the Plaint. Though the learned counsel for the defendants is correct in his submission that the plaintiffs, having filed Signature Not Verified Digitally Signed CS(COMM) 166/2017 Page 12 of 14 By:SUNIL Signing Date:01.08.2024 18:17:33 a Replication to the Written Statement, could have availed of the said leave and filed these documents along with the Replication, while considering whether the plaintiffs have established a "reasonable cause" for non-disclosure thereof along with the Plaint, on the touchstone of the principles laid down by this Court in Hassad Food Company Q.S.C. & Anr. (supra), in my view, the plaintiffs have done so.
Delhi High Court Cites 34 - Cited by 11 - J Nath - Full Document

Nitin Gupta vs Texmaco Infrastructure & Holding ... on 29 April, 2019

In Nitin Gupta (supra), this Court emphasized that Order XI Rule 1 of the CPC, as applicable to commercial suits, has brought about a radical change. The late filing of documents thereunder is permitted by applying the test of reasonable cause for non-disclosure of the documents at the stage provided for filing thereof. The plaintiff is now to satisfy the Court as to why the document sought to be filed later was not filed earlier along with the Plaint. The Court cannot allow additional documents to be filed at a later date without any reasonable cause being established for non-disclosure thereof along with the Plaint.
Delhi High Court Cites 4 - Cited by 14 - R S Endlaw - Full Document

Sugandhi (Dead) vs P. Rajkumar Rep. By Power Agent Imamoli on 13 October, 2020

In Sugandhi (Dead) By Legal Representatives & Anr. (supra), the Supreme Court emphasised that procedure being the handmaid of justice, procedural and technical hurdles should not be allowed to Signature Not Verified Digitally Signed CS(COMM) 166/2017 Page 11 of 14 By:SUNIL Signing Date:01.08.2024 18:17:33 come in the way of the Court while doing substantial justice; the Courts must lean towards doing substantial justice rather than relying upon procedural and technical violations.
Supreme Court of India Cites 1 - Cited by 62 - S A Nazeer - Full Document

Zee Entertainment Enteprises Ltd vs Saregama India Ltd on 11 September, 2019

In Zee Entertainment Enterprises Ltd (supra), this Court reiterated that grant of leave by the Court to file additional documents Signature Not Verified Digitally Signed CS(COMM) 166/2017 Page 10 of 14 By:SUNIL Signing Date:01.08.2024 18:17:33 is not a ministerial function, and the Court has to be satisfied qua the reason for non-production of the documents along with the Plaint. The same places no further restriction on the power of the Court to grant such leave, except that the plaintiff has to establish a reasonable cause for non-disclosure of the document along with the Plaint. The use of the word "establishing" conveys that there should be something more than a vague explanation for non-production of the documents along with the Plaint.
Delhi High Court Cites 2 - Cited by 6 - R S Endlaw - Full Document
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