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2026 DAILYLAW 1175 (MAD)

KEPPAL ENTERPRISES PVT LTD., v. V.VIJAYAKUMAR AND 4 OTHERS

A/887/2026 · 2026-03-30

A D Maria Clete

Transfer Petitionbody2026

Judgment text

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A.No.887 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-03-2026 CORAM THE HON'BLE DR.JUSTICE A.D.MARIA CLETE A No. 887 of 2026 Keppal Enterprises Pvt Ltd., Rep. By Its Director S.Chellasamy, Unit 9, Good Ville Court, 16, Bhagvantham Street, Thyagaraya Nagar, Chennai-17. ..Applicant(s) Vs 1. V.Vijayakumar And 4 Others S/o.K.V.Appu Nair, B-18, Brown Stone Apartments, Mahalingapuram, Chennai-34. 2. Jesudass Thomas S/o.T.Gregory 3. Thomas Noel S/o.T.Gregory 4. Mrs.Sylvia Cristina W/o.Mr.Raj Mohan 5. Mrs.Leela Amala Christy W/o.Edison Amirtharaj Residing At 8, Venkataraman Road, R.S.Puram, Coimbatore-2. ..Respondent(s) To Receive the following documents as additional documents and marks the same as Plaintiff side exhibits (i) Registration certificate dated 10/10/2005 (Xerox) (ii) Memorandum of Association of the Plaintiff Company (Xerox) (iii) Articls of Association of the Plaintiff Company (Xerox) (iv) Company 1/5 https://www.mhc.tn.gov.in/judis A.No.887 of 2026 detail shown in the Website of Ministry of Corporate Affairs (Xerox) (v) IT Retunrs - Tax Return Verfication form, profit and losee account and balance sheet for the Assessment year 2007-08 (Original) (vi) IT Returns - Tax Return Verfication form, profit and lost account and balance sheet for the Assessment year 2008-09 (Original) (vii) IT Returns - Tax Return Verfication form, profit and loss account and balance sheet for the Assessment year 2009-10 (Original) (viii) Auditors Certificate dated 01/07/2025(Xerox) ix) No due certificate issued by the Income Tax Department (Xerox). For Applicant(s): M/S.Kandhan Duraisami V.R.Appaswamee N.Mathivanan For Respondent(s): Ms.R.Divya Preethika for Mr.R.Bharath Kumar for D5 to D8. ORDER Heard. 2.This application has been filed to Receive the following documents as additional documents and marks the same as Plaintiff side exhibits (i) Registration certificate dated 10/10/2005 (Xerox) (ii) Memorandum of Association of the Plaintiff Company (Xerox) (iii) Articles of Association of the Plaintiff Company (Xerox) (iv) Company detail shown in the Website of Ministry of Corporate Affairs (Xerox) (v) IT Returns - Tax Return Verification form, profit and loss account and balance sheet for the Assessment year 2007-08 (Original) (vi) IT Returns - Tax 2/5 https://www.mhc.tn.gov.in/judis A.No.887 of 2026 Return Verification form, profit and lost account and balance sheet for the Assessment year 2008-09 (Original) (vii) IT Returns - Tax Return Verification form, profit and loss account and balance sheet for the Assessment year 2009-10 (Original) (viii) Auditors Certificate dated 01/07/2025(Xerox) ix) No due certificate issued by the Income Tax Department (Xerox). 3.Learned counsel for the applicant submits that the non-filing of the aforesaid documents during the filing of the suit is neither willful nor wanton and the said documents are very much essential and further submits that no prejudice would be caused to the respondents, if the said documents were marked and sought for allowing this application. 4.Learned counsel for the respondents, on the other hand, filed a counter stating that they have already completed their cross examination based on the documents available on record and any introduction of new documents, which are unverified and xerox copies without due certification would alter the evidentiary position and further submitted that in so far as documents 5 to 8 are concerned, they have already been marked through PW1 as Ex.D2 to Ex.D6 and thus, this application is an abuse of process of law and sought for dismissing the application. 3/5 https://www.mhc.tn.gov.in/judis A.No.887 of 2026 5.It is seen from the records that documents 1 to 4, 8 & 9 are xerox copies and the same could not be permitted to be marked as exhibits and though the learned counsel for the respondents submits that the said documents have already been marked by them during the cross examination of PW1, considering the submissions of the learned counsel for the applicant that some aspects need to be brought on record, the documents 5 to 7, which are mentioned as originals are permitted to be received and marked as exhibits subject to proof and relevancy. 6.Accordingly, this application is disposed of in the above terms. Parties are directed to appear before the learned Master on 08.04.2026. No costs. 30-03-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AY 4/5 https://www.mhc.tn.gov.in/judis A.No.887 of 2026 DR.A.D.MARIA CLETE, J. AY A No. 887 of 2026 30-03-2026 5/5 https://www.mhc.tn.gov.in/judis