SHALBY LIMITED Vs. DR. DHIRAJ MAROTHI

JUDGEMENT

(1.) Having heard the learned counsels for the parties and perused the record, we may note that, at the outset, the challenge to the judgment and order dtd. 19/4/2025 passed by the Judge, Commercial Court, City Civil Court, Ahmedabad in application at Exh. 46 filed by the defendant is on the premise that the provision of Order XI Rule 21 of Code of Civil Procedure, 1908 (CPC) had wrongly been invoked by the Commercial Court in entertaining the application at Exh. 46 filed by the defendant under the said provision. Attention of the Court is invited to Sec. 16 of the Commercial Courts Act, 2015, which reads as under:-

(2.) The schedule under Sec. 16 amended Order XI of the CPC contained in the schedule to the Commercial Courts Act, 2015 further reads as under:-

(3.) A perusal of amended Order XI Rule 5 as contained in the schedule to the Commercial Court Act, 2015, the only consequence provided in the sub-rule (4) is that the Court may draw an adverse inference against a party refusing to produce such document after issuance of a notice to produce and where sufficient reasons for non -production are not given and may order costs. A further perusal of the application moved by the defendant at Exh. 46 indicates that the defendant had pleaded that the plaintiff has failed to comply with the order dtd. 17/8/2023 on Exh. 27 and 29 passed by the Commercial Court whereby the directions have been issued as under:-