Justice Shalinder Kaur Archives

Delhi HC sets aside impugned order allowing documents taken on record after 14 months of initiation of suit

The Court stated that the impugned order was entirely against the compliance of provision under Order XI Rule 5 of Code of Civil Procedure, 1908 and spirit of Commercial Courts Act, 2015, thus, the documents brought on record were directed to be taken off the record.

Case Briefs High Courts

‘Non-filing of certificate at relevant stage is a curable defect’; Delhi HC sets aside order dismissing to take on record certificate u/s 65-B of IEA

The Court stated that certificate under Section 65-B of the IEA was a matter of procedure and by not allowing the same to be taken on record amounts to taking a hyper technical view which was against the settled preposition of law.

Case Briefs High Courts

‘Records summoned will reveal basis of dispute between parties’: Delhi HC dismisses Hershey India’s plea for recalling summons of witnesses

The Court noted that the respondent merely seeks to summon the record, which was not in his possession but was in the possession of the petitioner, which right cannot be denied to him.