ANGIRA AXIM Vs. PIONEER CASHEW PROCESSORS

JUDGEMENT

(1.) The challenge in this Special Civil Application filed by the petitioner-original plaintiff is addressed to order dtd. 17/8/2021 passed by learned Principal Senior Civil Judge, Commercial Court, Jetpur below application Exh. 25 and application Exh. 27 in Commercial Suit No. 3 of 2019, whereby the court allowed the respondents-defendants to produce the documentary evidences.

(2.) The Commercial Suit came to be instituted by the petitioner plaintiff for recovery of Rs.41,33,000.00 from the defendants. The plaintiff firm is the manufacturer and seller of plastic threads. The order was placed by the defendants for purchase of goods from the plaintiff in the year 2016. Invoice was raised on 19/2/2016. The goods were to be supplied to the consumer in South Africa as per the instructions of the defendants-purchasers. The goods were transported. It is the case of the plaintiff that Rs.24.00 Lakhs were due and payable. Counting together interest thereon, the total amount was sought to be recovered by the petitioner plaintiff in the suit to the tune of Rs.41,33,000.00.

(3.) Issues were framed by the court on 1/1/2022 at Exh. 19. On 13/1/2020 Exh. 24 came to be filed by the defendants seeking permission to produce the documents on record. Again on 20/1/2020 and 5/2/2020 applications Exh. 25 and Exh. 27 respectively were filed by the defendants for production of the documents. The application Exh. 24 was allowed. Finally, the impugned order came to be passed below Exh. 25 and 27 allowing the production of documents.