In Sadhu Forging Limited Vs. Continental Engines Ltd., the Delhi High Court said that it is well-settled that procedure is the handmade of justice. It is undisputed that even at this stage, a party can file documents but with the leave of the Court. The plaintiff cannot be non-suited from filing the documents it seeks to rely upon even at this stage. Though in the decision Nishant Hannan (supra) this Court was dealing with unimpeachable documents, however the fact remains that under Order VII Rule 14 CPC read with Section 151 CPC the plaintiff can file additional documents with the leave of the Court when the plaintiffs evidence is going on. Provision under Order VII Rule 14 CPC is essentially to assist parties and the Court in adjudication of the dispute.
In Sabarkantha Annuity Pvt. Ltd. Vs. NHAI and Ors, the Petitioner filed before the Delhi High Court petition under Section 9 of the Arbitration and Conciliation (Amendment) Act, 2015 with a prayer that, Respondents be restrained from acting upon the letter dated 15th September, 2017 or from invoking the Bid securities of the Petitioner to the tune of Rs. 10.93 Crores and also restraining the banks from honouring the invocation of said bank guarantees on behalf of Respondent No. 1 acting in terms of letter dated 3rd November, 2007. Petitioner has relied upon Clauses Nos. 9.1.1, 9.1.2 and 4.3 of the agreement dated 28th April, 2017 entered into between the parties to say the claim for damages since is not a claim for a sum presently due and payable and the respondent would be entitled to damages only on proof of loss, per Clause 4.3 of the agreement and hence is not entitle to the entire sum of bid security. The Court found that Clause No. 9.1.2 speaks of an exclusiv...
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