Citation : 2026 Latest Caselaw 2204 Cal/2
Judgement Date : 23 March, 2026
OCD-20
In The High Court at Calcutta
[Commercial Division]
Original Side
IA NO. GA-COM/2/2025
[OLD NO. CS/92/2023]
In
CS-COM/504/2024
JEJU METALS PVT LTD
Vs
YES BANK LTD
BEFORE :
THE HON'BLE JUSTICE ANIRUDDHA ROY
Date :23rd March, 2026
Appearance:
Mr. Moti Sagar Tiwari, Adv.
Ms. Shweta Poddar, Adv.
...for the plaintiff
Ms. Suchismita Ghosh, Adv.
Mr. Soumya Kanjilal, Adv.
Ms. Aradhita Banerjee, Adv.
...for the defendant
The Court :- Mr. Moti Sagar Tiwari, learned Advocate, appears for the
plaintiff.
Ms. Suchismita Ghosh, learned Advocate, appears for the sole
defendant.
This is a Commercial Suit where the defendant has filed its written
statement. Trial has not been commenced. Issues have been framed. At this
stage, the plaintiff has come up with the instant application praying for
leave to disclose additional documents which are not made part of the plaint
in any manner, neither pleaded in the plaint, though the plaintiff admits
that the documents were and are in the power, possession, control or
custody of the plaintiff.
2
This Court has raised a query at this stage that unless the plaint is
allowed to be amended containing the said documents, since written
statement has been filed by the defendant, whether the additional disclosure
is permitted at this stage.
In support of his contention, Mr. Tiwari has relied upon a judgment
of this Court dated February 23, 2026 In the Matter of : Usha Martin
Limited vs Balurghat Technologies Limited rendered in IA NO. GA-
COM/1/2025, CS-COM/491/2024.
At the threshold, the Court has observed that the judgment In the
Matter of : Usha Martin (Supra) was rendered in an undefended suit.
However, Mr. Tiwari shall be at liberty to make his submissions in
the light of the above observations and, additionally, if he wants to urge any
further points, he shall be at liberty to do so.
The matter shall appear under the heading "Adjourned Motion" on
April 30, 2026.
(ANIRUDDHA ROY, J.)
R.D.Barua/R.Bhar
GA-COM/2/2025
In CS-COM/504/2024
A.R., J.
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