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* IN THE HIGH COURT OF DELHI AT NEW
DELHI
+
CS(OS) 1902/2012
M/S FREEMANS MEASURES PVT LTD
.....
Plaintiff
Through: Ms. Diva
Arora, Adv.
versus
SUSHIL
KUMAR LOHIA & ORS
..... Defendant
Through: Mr. Ajay Amitabh Suman, Adv.
CORAM:
SH. AMIT KUMAR (DHJS), JOINT
REGISTRAR (JUDICIAL)
O R D E R
% 24.01.2017
Counsel for defendant has objected to filing of fresh document along
with affidavit of witness and it is stated that in view of the judgment of our
High Court titled as “FATS Inc. Vs. Zen Technologies Ltd. 2008 (37) PTC
349 (Del).”, as per para no. 8 no fresh document can be placed on record at
this stage, which was in the power and control of the party. It is further
stated that name of this witness is mentioned in the list of witnesses filed for
the plaintiff in 2015 yet till filing of the affidavit no effort was made to
place this document on record and no application was filed for placing this
document and as such it cannot be taken on record.
Counsel for the plaintiff on the other hand has stated that this is only
an authority letter authorising the witness to appear in this court and cannot
be refer as a document as mentioned in the judgment relied upon by counsel for
defendant and further it came to existence on 30.06.2016 and therefore was
filed along with affidavit at the earliest available opportunity.
Though it is correct that name of this witness is mentioned in the list
of witnesses filed on behalf of plaintiff in 2015 but as per this Authority
Letter, this witness was authorised to depose only on 30.06.2016. This
authority came into existence only on 30.06.2016 and as such it cannot be said
that it could have been placed on record prior to that date. The judgment
relied upon by counsel for defendant talks about the document, which are
already in existence and are in power and possession of the party, a document
authorising a person to depose in strict sense, cannot be said to be a document
and further at earliest can be filed only when came into existence, the
objection therefore, is not sustainable. The authority letter filed with the
affidavit can be taken on record without any application.
PW3
examined, cross-examined and discharged.
Vide separate statement, counsel for the plaintiff has closed
plaintiff‟s evidence.
Put up
for defendant‟s evidence on 25th April, 2017.
Let the defendant file affidavit of evidence of its witness within 4
weeks with advance copy to the other side.
AMIT KUMAR (DHJS)
JOINT REGISTRAR (JUDICIAL)
JANUARY 24, 2017/nk
