ALPRO INDUSTIRES Vs. INDO ALUSYS INDUSTRIES LTD

JUDGEMENT

(1.) Petitioners/defendants have assailed order dtd. 18/7/2024 of the learned trial court, whereby their application under Order VIII Rule 1A CPC was dismissed. Having heard learned senior counsel for petitioners, I do not find it a fit case to even issue notice.

(2.) Broadly speaking, the respondent/plaintiff filed a money recovery suit in the month of May 2016 in which, after filing of Written Statement in the month of June 2017, issues were framed by the trial court on 11/10/2017. The respondent/plaintiff concluded its evidence on 5/6/2023 and the suit was posted for recording evidence of the petitioners/defendants. After taking an adjournment, the petitioners/defendants filed an application seeking to place on record certain additional documents. After hearing both sides, the learned trial court dismissed the said application by way of detailed order, impugned in the present proceedings.

(3.) In the impugned order, the learned trial court observed that there was no explanation advanced from the side of the petitioners/defendants to explain the delay of almost seven years in seeking to place on record the subject documents; and that the petitioners/defendants had failed to disclose as to whether the subject documents were earlier not in their knowledge or could not be produced at appropriate stage despite due diligence.