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Judgment
S.R. Krishna Kumar, J
This petition by the plaintiffs in Com.O.S.No.25254/2017 on the file of the LXXXIV Addl. City Civil & Sessions Judge (CCH-85), Bengaluru is directed against the impugned order dated 03.07.2023 whereby the application – I.A.No.12 filed by the petitioners for permission to produce additional documents was rejected by the Commercial Court.
Heard learned Senior Counsel for the petitioners and learned Senior Counsel for the respondent and perused the material on record.
The material on record discloses that the petitioners – plaintiffs instituted the aforesaid suit against the respondent – defendant for recovery of a sum of Rs.1,78,79,997/- together with interest and other reliefs and the said suit is being contested by the respondent. On behalf of the petitioners, PW2 was examined and on 10.04.2023, petitioners filed the instant application – I.A.No.12 under Order XI Rules 1 (5) and (6) and Order XV-A Rule 6 (1) (r) r/w Section 16 of the Commercial Courts Act, 2015 seeking permission to produce additional documents to be marked through PW2. The said application having been opposed by the respondent, the Trial Court proceeded to pass the impugned order rejecting I.A.No.12 on the ground that the said documents were not relevant or material for adjudication of the suit. Aggrieved by the impugned order, petitioners are before this Court by way of the present petition.
Learned Senior Counsel for the petitioners submits that the documents sought to be produced along with I.A.No.12 are relevant and material for the purpose of adjudication of the issues in controversy between the parties and if one more opportunity is granted in favour of the petitioners to produce the same, the petitioners would proceed with the evidence of PW2 on the next date of hearing of the suit, which stands presently posted on 15.07.2023 without seeking any adjournment in this regard.
Though the said contention is vehemently opposed by the learned Senior Counsel for the respondent, in order to provide one more opportunity to the petitioners to produce the said documents, by adopting a justice oriented approach, I deem it just and appropriate to set aside the impugned order and allow I.A.No.12 filed by the petitioners and issue certain directions in this regard.
In the result, I pass the following:
ORDER
(i) The petition is hereby allowed.
(ii) The impugned order dated 03.07.2023 passed in Com.O.S.No.25254/2017 by the LXXXIV Addl. City Civil & Sessions Judge (CCH-85), Bengaluru, is hereby set aside.
(iii) I.A.No.12 filed by the petitioners seeking production of documents stand allowed subject to the condition that the petitioners shall proceed with evidence of PW2 on the next date of hearing as per the schedule on 15.07.2023.
(iv) Liberty is reserved in favour of the respondent to raise objections regarding admissibility of the additional documents sought to be marked through PW2 and the said objections, if any, raised by the respondent shall be considered by the Trial Court at the time of admitting / marking the said documents in evidence.
(v) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same.