F.C.S. SOLUTIONS LTD. vs A.P. ASSOCIATES

Judgment text excerpt

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 11th August, 2025 + CM(M) 1251/2025 & CM APPL. 41993/2025 F.C.S. SOLUTIONS LTD. .....Petitioner Through: Mr. Vivek Sharma, Adv. versus A.P. ASSOCIATES .....Respondent Through: Mr. Amit, Mr SS Dhir, Mr. Sidhartha, Ms Himani, Mr Keshav Soni, Advs. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) CM(M) 1251/2025 & CM APPL. 41993/2025 1. The petitioner herein is defending a commercial suit and has also filed a counter-claim. 2. During the pendency of the abovesaid commercial suit, the defendant (petitioner herein) filed an application under Order XI of the Code of Civil Procedure, 1908 (‘CPC’) which has been dismissed. 3. Such order dated 24.03.2025 is under challenge. 4. The point raised in the present petition is very short and precise. 5. According to the petitioner, when it had filed its written statement, it annexed several documents along with the same and due to some clerical error, the complete copy of “Inspection and Verification Report of Electrical Signature Not Verified Digitally Signed CM(M) 1251/2025 1 By:DINESH CHANDRA Signing Date:12.08.2025 18:44:40 Equipments For FCS Solutions Ltd.' prepared by 'GN Fair Valuation Pvt. Ltd.” dated 10.12.2021 was not attached and only 09 pages of the abovesaid report were attached. 6. The abovesaid document was exhibited as Ex. DW-1/D but due to the abovesaid inadvertent error, the report could not be proved in toto and Annexure A-an integral part of the abovesaid report, could not be placed and proved. The limited request before the learned Trial Court was, therefore, to the effect that since the document had been duly exhibited already, albeit in part, the permission may be granted to exhibit the same document in toto. 7. Learned counsel for the