(1.) This application has been filed by the defendant under Order XI Rule 12 read with Sec. 151 of the Code of Civil Procedure, 1908 (in short, 'CPC') for bringing on record the following additional documents sought to be filed on behalf of the defendant/applicant:-
(2.) At the outset, the learned counsel for the defendant/applicant submits that as the present suit had been filed before the Commercial Courts Act, 2015 (in short 'the Act') came into force, the provisions of Order VIII Rule 1-A of the CPC shall be applicable, and, therefore, reliance of the learned counsel for the plaintiffs/non-applicants on Order XI Rule 10 of the CPC, as applicable to commercial disputes, is not proper. In this regard, she places reliance on the judgment of the High Court of Calcutta in ITC Limited v. JP Morgan Mutual Fund India Pvt. Ltd. and Others, 2020 SCC OnLine Cal 972.
(3.) She submits that the approach to be adopted by the Court in allowing additional documents to be brought on record is more liberal under Order VIII Rule 1A of the CPC, and the said documents, if found to be relevant to the Suit, should be allowed to be taken on record.