Benara Bearings And Pistons ... vs Md. Fariyad Ali
2023 Latest Caselaw 221 Del

                                            Neutral Citation Number 2023/DHC/000438



                          $~16
                          * IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                                Judgment delivered on: 17.01.2023
                          +         CM(M) 1239/2022 & CM APPL. 49317/2022
                                    BENARA BEARINGS AND PISTONS LIMITED
                                                                     ..... Petitioner
                                                       versus
                                MD. FARIYAD ALI                     ..... Respondent
                          Advocates who appeared in this case:
                          For the Petitioner   : Mr. Himanshu Gupta and Ms. Padamia
                                                  Sharma, Advocates

                          For the Respondent           :    Mr. Jaiveer Sehrawat, Advocate.

                          CORAM:
                          HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
                                            JUDGMENT

TUSHAR RAO GEDELA, J. (ORAL) [ The proceeding has been conducted through Hybrid mode ]

1. After some arguments, Mr. Himanshu Gupta, learned counsel for the petitioner submits that the petitioner would be satisfied if the impugned order is set aside with liberty to the respondent to file an appropriate application to take on record the questioned documents, which have been filed along with the replication.

2. Mr. Gupta points out to page 77 to submit that these are the list of five documents, which were filed along with the replication. He further submits that though the list of documents purports the documents to be in original, none of the five documents were in fact filed in original, and they were all photocopies.

Signature Not Verified Digitally Signed By:VINOD KUMAR

14:01:07 Neutral Citation Number 2023/DHC/000438

3. Mr. Sehrawat, learned counsel appears for the respondent and submits that respondent would make an appropriate application in regard to the above documents before the learned Trial Court and satisfy the learned Trial Court as to for what reason the said documents, ought to be taken on record along with the replication.

4. Be that as it may, in view of the above submissions, the impugned order dated 19.10.2022 passed by the learned Trial Court in C.S. (COMM) 50/2021 is quashed and set aside with liberty to the respondent to file an appropriate application seeking permission of the Trial Court to place the documents at page 77 of the present petition on record of the learned Trial Court.

5. The cost imposed upon the respondent of Rs. 10,000/- by the impugned order is kept alive and shall be paid to the petitioner within one week from today. It is stated that the matter is listed on 24.01.2023 before the learned Trial Court. Learned counsel for the respondent is directed to file an appropriate application before such date and the learned Trial Court would take up the application and proceed in accordance with law.

6. In view of the aforesaid direction, the petition along with the pending application stands disposed of.

TUSHAR RAO GEDELA, J .

JANUARY 17, 2023/nd

Signature Not Verified Digitally Signed By:VINOD KUMAR

14:01:07