Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 48510 (MAD)

A.Antony Jenitta, v. V.Tamilarasan,

CRP/1430/2026 · 2026-07-08

Abdul Quddhose

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

C.R.P. Nos. 1430 & 1432 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08.07.2026 CORAM THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE C.R.P. Nos. 1430 & 1432 of 2026 & C.M.P. No. 6896 & 6902 of 2026 A. Antony Jenitta Proprietrix, J. Annai Process Having place of business at 130/7, Senthil Nagar, Elayampalayam, Periyasemur, Erode – 638 004. ..Petitioner in both revisions V. Tamilarasan Partner of Sri Aarudhra Chemicals, No. 7-3B, Vairapalayam Road, Mariamman Koil Street, Near Cash and Carry, Erode – 638 004. ..Respondent in both revisions Prayer: Civil Revision Petitions under Article 227 of the Constitution of India to set aside the orders dated 01.11.2025 passed in I.A. No. 5 & 6 of 1\4 https://www.mhc.tn.gov.in/judis C.R.P. Nos. 1430 & 1432 of 2026 2025 in C.O.S. No. 63 of 2023 by the learned Principal Subordinate Judge, Erode. For Petitioner :: Mr.R. Nalliyappan For Respondent :: Mr.C. Ramaraj COMMON ORDER These civil revision petitions have been filed challenging the impugned orders dated 01.11.2025 passed in I.A. Nos. 5 and 6 of 2025 in C.O.S. No. 63 of 2023 by the learned Principal Subordinate Judge, Erode. 2. By the aforesaid orders, the applications filed by the respondent/plaintiff in the commercial suit in C.O.S. No. 63 of 2023 seeking (a) to receive petition mentioned document as an additional document on the plaintiff’s side and (b) to recall PW.1 for adducing additional evidence and to mark additional documents have been allowed in accordance with Order VII Rule 14(3) CPC and Order XVIII Rule 17 CPC as applicable to the Commercial Courts Act. 3. The contention of the petitioner before this Court is that when the documents for which leave was sought for by the respondent/plaintiff were 2\4 https://www.mhc.tn.gov.in/judis C.R.P. Nos. 1430 & 1432 of 2026 very much available even at the time of filing of the suit, the Commercial Court ought not to have granted leave to produce the same at the trial stage. The very same contention was raised by the petitioner/defendant before the Court below and the Commercial Court has considered the said contention and rejected the same. 4. The Commercial Courts Act has been legislated for early disposal of commercial disputes. Under Section 8 of Commercial Courts Act, there is a statutory prohibition for entertaining civil revision petitions, if aggrieved by any order passed under the Commercial Courts Act. Learned counsel for the petitioner would submit that since these civil revision petitions have been filed under Article 227 of the Constitution of India, these civil revision petitions are maintainable. 5. Article 227 of the Constitution of India has to be sparingly used by the High Court. When the Commercial Courts Act has been introduced for speedy disposal of commercial disputes, the question of entertaining these civil revision petitions even though filed under Article 227 of the Constitution of India, does not arise. Since under the impugned orders, the Commercial Court has only allowed the applications filed by the 3\4 https://www.mhc.tn.gov.in/judis C.R.P. Nos. 1430 & 1432 of 2026 ABDUL QUDDHOSE,J. nv respondent/plaintiff seeking leave of the Commercial Court for filing additional documents, the petitioner’s right to dispute those documents at the time of trial in the commercial suit has not been deprived by passing of the impugned orders since the petitioner/defendant has the right to cross- examine the respondent/plaintiff with regard to the veracity of the additional documents during trial. 6. For the foregoing reasons, this Court does not find any merit in these civil revision petitions and they are accordingly dismissed. No costs. Connected C.M.Ps are closed. 08.07.2026 nv To The Prl. Sub Court, Erode. C.R.P. Nos. 1430 & 1432 of 2026 4\4 https://www.mhc.tn.gov.in/judis