MERCHEM LIMITED Vs. PULINAT ETTAN THOMAS

JUDGEMENT

(1.) The defendant has filed the present application being G.A. (COM) 3 of 2023 in CS No. 6 of 2020 praying for leave to disclose additional documents. The plaintiff has filed the suit praying for a decree for a sum of Rs.55,47,442.00 along with interest against the defendant. The defendant has filed written statement along with counter claim for a sum of Rs.2,81,16,238.00 along with interest as the defendant had rendered services and have discharged his duties and responsibilities towards the plaintiff since the date of appointment till November 2019.

(2.) Defendant says that during the conference with the Learned Counsel in the last week of November, 2023 when it was discussed about the documents in support of the case of the defendant in terms of Issue No.8, the Learned Counsel had instructed the defendant to search documents and on search, the defendant got the e-mail communications which were made from the e-mail of the defendant and it was found that the said e-mails were not enclosed with the written statement along with the counter claim.

(3.) Defendant says that the defendant has annexed some WhatsApp conversations and the same are in a piecemeal and the said communications are in between 28/8/2019 to 2/9/2019. He says that there had been WhatsApp communications between the defendant and on Shri Narain Holani, the Managing Director of the plaintiff since 1/8/2019 till 19/12/2019 and the said WhatsApp communications are in support of the case of the defendant.