Digitally signed -1-
by MANOJ
MANOJ KUMAR
KUMAR
SHARMA
Date: Civ DJ 914/17
SHARMA 2024.12.18
16:14:04
+0530
CNR NO. DLWT010069912017
GKW RETAIL SOLUTIONS P. LTD Vs. SHACHIHATA INDIA P. LTD.
18.12.2024
Present: Sh. Shiven Banga, Ld. Counsel for plaintiff.
Ms. Bharti Singh/ AR of the defendant.
Reply filed on behalf of the plaintiff under Order 8 Rule 1A (3) to the
application filed by the defendant.
Upon enquiry, it is submitted by Ld. counsel for the plaintiff that he
has already supplied the copy of the same.
Put up at 12:00 noon.
(Manoj Kumar Sharma)
DJ-07/West
THC: Delhi: 18.12.2024
At 12:00 noon.
Present: Sh. Shiven Banga, Ld. Counsel for plaintiff.
Ms. Bharti Singh/ AR of the defendant.
Sh. Manish Sharma, Ld. Counsel for defendant.
An application under Order 8 Rule 1(A) 3 CPC has been filed on
behalf of the defendant seeking liberty to place on record the statement of account
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Civ DJ 914/17
CNR NO. DLWT010069912017
GKW RETAIL SOLUTIONS P. LTD Vs. SHACHIHATA INDIA P. LTD.
of the defendant company reflecting transfer of more than Rs.5,00,000/- to the
plaintiff company.
The defendant has taken the plea that the aforesaid statement of
accounts was not traceable at the time of the filing of written statement as the same
was not traceable at that time.
The instant application is strongly opposed by Ld. counsel for the
plaintiff who has taken the plea that the defendant is trying to fill up the lacunas of
its case by filing such application and has relied upon the judgment passed by
Hon’ble Andhra Pradesh High Court in Kottakota Lakkappa and give (05) Others
Vs. B. Lakkappagari Chikkaiah and six (06) Others. Civil Revision Petition no.
4776/2016 dated: 18.08.2023 in support of his submissions.
In a nutshell, the present suit has been filed by the plaintiff seeking
recovery of Rs.3,33,983/- from the defendant company as outstanding amount for
the delivery of goods supplied in the year 2015.
The perusal of the statement of accounts sought to be brought on
record reveals that it contains an entry reflecting transfer of Rs.5,00,975/- on
21.10.2016 to the plaintiff company from the account of defendant company.
In Nishant Hannan & Ors. Vs. South Delhi Municipal Corporation,
CM(M) 262/2014, dated: 08.08.2014, it was observed by Hon’ble Delhi High
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Civ DJ 914/17
CNR NO. DLWT010069912017
GKW RETAIL SOLUTIONS P. LTD Vs. SHACHIHATA INDIA P. LTD.
Court that relevant/ unimpeachable document can be lead in evidence even at the
stage of final arguments.
In view of the foregoing discussion, this Court is of the opinion that
the statement of accounts sought to be brought on record on behalf of the
defendant company is relevant for the adjudication of the issues involved in the
present suit. Accordingly, the instant application stands allowed subject to a cost of
Rs.3000/- to be paid to Ld. counsel for the defendant. The cost stands paid.
Issue summons for the service of the concerned bank official for
proving the aforesaid statement of account subject to filing of PF and diet money
to the tune of Rs.8000/-, keeping in view of the fact that the defendant company is
having its account in the Mumbai Branch of ICICI Bank.
At this stage, it needs to be highlighted that Hon’ble High Court has
granted only one opportunity for leading the entire DE on behalf of the defendants.
Now to come up for PE on 19.03.2025.
(Manoj Kumar Sharma)
DJ-07/West
THC: Delhi: 18.12.2024
