MPHASIS LIMITED Vs. STRATEGIC OUTSOURCING SERVICES PRIVATE LIMITED

JUDGEMENT

(1.) These petitions are by the first defendant in Com O.S.No.215/2019 on the file of the LXXXII Additional City Civil and Sessions Judge, Bengaluru (for short, 'the commercial Court'). The petitioner has impugned the commercial Court's orders dtd. 23/12/2021 and 02 02.2021. The commercial Court by the first order dtd. 23/12/2021, while marking the documents produced by the first respondent, has observed that the first respondent has not admitted a copy of the arbitral award dtd. 26/11/2019 in the arbitral proceedings between the petitioner and the first respondent and as such, one of the writ petitions. The commercial Court's observation is thus:

(2.) Sri. Dhananjay Joshi, the learned Senior counsel for the petitioner and Sri. Sanjay Krishna V, the learned counsel, are heard for final disposal of the petitions, and they submit that if the arbitration award dtd. 26/11/2019 relates to the dispute inter se the petitioner and the first respondent over a settlement agreement, the first respondent's present suit is for damages. They submit that the copy of the arbitral award dtd. 26/11/2019 is not marked only because the first respondent has filed its Statement of Admission/Denial contending that this document is unstamped

(3.) Sri. Dhananjay Joshi submits that commercial Court, given the provisions of Order XI Rule 4 Sub Rule 6 of the Act, 2015 as applicable to the commercial Courts, should have seen whether the petitioner has unduly refused to admit an indisputable document. He canvasses that it is incumbent, given the provisions of Order XI Rule 4 Sub Rule 6, that the commercial Courts must examine whether the refusal to admit a document is proper and if it could be persuaded to opine that it is improper, costs may have to be imposed. These provisions are to ensure that the dispute is identified in its core for a decision on whether there must be a summary trial under Order XIIIA of the Act, 2015 or a trial after Case Management Hearing under Order XVA of CPC.