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HIGH COURT OF DELHI
Date of Decision: 21th March, 2025
M/S JAIN DOMESTIC APPLIANCES .....Petitioner
Through: Mr. Rohit Dutta and Ms. Priyata Chakraborty, Advocates.
Through: Mr. Rahul Gupta and Ms. Deepti Gupta, Advocates.
JUDGMENT
1. After hearing arguments for some time, learned counsel for the respondent/ plaintiff submits that, without prejudice to his rights and contentions, he would have no objection if the present petition is allowed and the petitioner herein i.e. defendant is permitted to place on record the documents mentioned in his application moved under Order XI Rule 1 (7) (c) CPC.
2. The details of such documents are also referred in paragraph 4 of the impugned order.
3. The case is, reportedly, at the stage of defendant’s evidence.
4. In view of the above gracious concession given by Mr. Rahul Gupta, learned counsel for the respondent/ plaintiff, the present petition is allowed by permitting the defendant to place on record following documents:- CM(M) 314/2025 2 i. Copies of documents and e-mails relating to price difference from the year 2012 to 2018, ii. Copies of invoice dated 18.09.2019, courier receipts dated 18.11.2019, challan dated 06.12.2019 and iii. True copies of the ledger of the defendant for the financial year 2018-19 & 2020-21.
5. Since the affidavit of examination-in-chief of the concerned defendant has already been placed on record and certain documents have also been exhibited, the petitioner herein i.e. the concerned defendant would be at liberty to file additional affidavit, restricting the same to the above said documents only.
6. Since the plaintiff has already led its evidence, after the DE is over, the plaintiff would also be at liberty to lead evidence in rebuttal, with respect to the above said documents.
7. The present petition, alongwith pending application, stands disposed of accordingly, in the aforesaid terms.
8. Copy of this order be given dasti to both the parties.
JUDGE MARCH 21, 2025/PB / js