M.GOUTHAMCHAND Vs. SANJAY KUMAR

JUDGEMENT

(1.) Aggrieved by the order dtd. 1/6/2024 passed on I.A.Nos.4 to 6 in Commercial O.S.No.770/2023 by the Court of LXXXIV Additional City Civil and Sessions Judge, Commercial Court, Bengaluru, the plaintiff therein has preferred this writ petition.

(2.) The petitioner filed I.A.Nos.4 to 6 before the Commercial Court under Sec. 151 of the Code of Civil Procedure, 1908 (CPC) read with Order XI Rule 1(5) of the Commercial Courts Act, 2015 (for short 'the Act') for recalling of PW-1, re-opening of the case of the plaintiff and seeking permission to produce certain documents. The same has been rejected by the Commercial Court.

(3.) The case of the petitioner is that he is in retail business of gold and silver bullion and that the defendant is a regular customer and that he had purchased certain jewellery worth Rs.1,45,91,947.00, for which he did not pay the agreed consideration and hence, the Commercial suit came to be filed. It is submitted that along with the plaint, the suit document as contemplated under the Commercial Courts Act, 2015 has been produced by the plaintiff / petitioner herein. However, in the cross- examination, the defendant / respondent herein had put questions denying the earlier transactions that the petitioner had with the respondent, which constrained the petitioner to file the aforementioned applications to produce the following documents:-