Even the reason given by the learned Commercial Court that
the invoices being suspicious and therefore not granting leave
to produce the said invoices cannot be accepted. At the stage of
granting leave to place on record additional documents the
court is not required to consider the genuineness of the
documents/additional documents, the stage at which
genuineness of the documents to be considered during the trial
and/or even at the stage of deciding the application under
Order XXXIX Rule 1 that too while considering prima facie case.
Therefore, the learned Commercial Court ought to have granted
leave to the plaintiff to rely on/produce the invoices as
mentioned in the application as additional documents.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5620 OF 2021
SUDHIR KUMAR @ S. BALIYAN Vs VINAY KUMAR G.B.
Dated: September 15, 2021
Author: M. R. Shah, J.
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