$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS)
2850/2014
CROCS INC
USA
..... Plaintiff
Through:
Mr. Ajay Amitabh Suman, Adv.
versus
M/S BATA
INDIA LTD AND ORS
Through:
Mr. Neeraj Grover, Adv.
..... Defendants
CORAM:
SH. RAJ KUMAR TRIPATHI (DHJS),
JOINT REGISTRAR (JUDICIAL) O R D E R
% 02.01.2018
IA No. 11730/2017 (u/O XI Rule 1 & 4 of the
Commercial Courts, Commercial Division and Commercial Appellate Division of
High Courts Act 2015 r/w Section 151 CPC for seeking permission of the Court to
take additional documents on record)
Reply to
the IA filed by defendants has already come on record.
Heard on
IA.
Learned counsel for plaintiff
submits that the additional documents were filed by plaintiff prior to the
settlement of issues in the case. The said documents are material and necessary
for effective adjudication of the case. He further submits that trial in the
case is yet to commence, therefore, no prejudice would be caused to the rights
of the defendants, if the documents of plaintiff are taken on record at this
stage. It is further submitted that the additional documents were obtained
after filing of the suit. He further submits that if the additional documents
are not taken on record, serious prejudice would be caused to the
rights of
the plaintiff which cannot be compensated in terms of money.
Per contra, learned counsel for
defendants submits that the documents were in power and possession of
plaintiff, however, they were not filed at the time of filing of the suit. He
further submits that as issues in the case have already been settled,
therefore, trial in the case has already begun. He further submits that
plaintiff has failed to show sufficient cause or bonafide reasons for not
filing of the documents at the time of filing of the suit. He further submits
that the instant application of the plaintiff is nothing but a ploy just to
delay the matter. He further submits that the averments made in the application
shows careless and casual approach of the plaintiff in pursuing the case. He
further argues that this is a commercial suit which is to be decided in a time
bound manner. He prays to dismiss the application of the plaintiff.
I have considered the rival
submissions of both the parties and carefully perused the entire material on
record.
Record reveals that issues in the
case were settled on 14.09.2017. The additional documents were admittedly filed
by the plaintiff on 13.09.2017 i.e. prior to settlement of issues in the case.
Recording of evidence of plaintiff’s witnesses is yet to begun. In the course
of hearing, learned counsel for plaintiff submitted that in the affidavit of
witness, the plaintiff has referred and relied upon the documents, for which
leave of the court is being sought in the present I.A.
Thus this court finds that trial
in the case is yet to begun. Matter is at the initial stage. The additional
documents sought to be placed on record by the plaintiff as mentioned in para
no. 2 of the I.A. are reported to be relevant and material for effective adjudication
of dispute between the parties. The same were admittedly obtained after filing
of the suit by plaintiff and plaintiff filed the said
documents
in the court prior to settlement of issues.
If the additional documents of
plaintiff are taken on record at this stage, no prejudice would be caused to
the rights of defendants. The defendants will get opportunity to cross-examine
the plaintiff’s witness on the said documents. Thus no ground for not taking
additional documents of plaintiff on record is made out.
Considering the aforesaid facts
into account and totality of the facts and circumstances of the case, the
instant IA preferred by plaintiff, is hereby allowed. The additional documents
as prayed in the IA are directed to be taken on record in the interest of
justice.
IA stands
disposed of accordingly.
CS (COMM) 2850/2014
Evidence in the case is being recorded before the Court Commissioner. As
prayed, list the matter before the Hon’ble Court, on the date already
fixed in
the case i.e. 04.01.2018.
SH. RAJ KUMAR TRIPATHI (DHJS)
JOINT REGISTRAR (JUDICIAL)
JANUARY 02, 2018
NR
