BHUTANI AND COMPANY PRIVATE LIMITED Vs. VIAS DEV

JUDGEMENT

(1.) The present petition filed under Article 227 of the Constitution of India impugns the order dtd. 21/1/2023, passed by the Additional District Judge-02 (Commercial Court), South-East District, Saket Courts, New Delhi ('Trial Court'), in CS (COMM) No. 7/2018 titled as "Vias Dev Vs. M/s Bhutani and Company Pvt. Ltd."('commercial suit') whereby, the Trial Court, allowed the Respondent's application filed under Order VII Rule 14 read with Sec. 151 Code of Civil Procedure, 1908 ('CPC') and enabled the Respondent, to bring additional documents on record in the commercial suit.

(2.) It is stated that the Respondent had provided lace work services to the Petitioner from the year 2012 till 2017, in pursuance to which Respondent had raised invoices to the tune of Rs.19,26,107.00.

(3.) Mr. Rajat Aneja, the learned counsel for the Petitioner states that the Trial Court failed to appreciate that pursuant to the admission in the cross examination dtd. 6/3/2019 and 19/8/2019 of the Respondent, in the criminal complaint proceedings which proved that the outstanding amount had already been received by the Respondent herein; it was thereafter that Respondent deliberately, in order to build a case for himself in the commercial suit has tried to bring the said additional documents on record.