Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: CS (Comm) No. 140-24
Sudershan Enterprises Vs. Permax Engineers
01.03.2024
Present:- Sh. Vedant Chandel and Sh. Naresh Rawat, Ld.
Counsel for plaintiff.
Ld. Counsel for plaintiff has filed an application u/o
VI Rule 17 CPC to amend the plaint.
Ld. Counsel for plaintiff submits that plaintiff wants
to amend the names of plaintiff & defendant as Smt. Seema Jain,
proprietor of Sudershan Enterprises and Sh. Gurmeet Singh,
proprietor of Permax Engineers. He further submits that plaintiff
also wants to amend para-1, which will be now read as below :
“1.That the plaintiff Seema Jain is a proprietor of
Sudershan Enterprises having registered office at
2815/2, Street Ram Market, Gali Peepal Mahadev,
Hantz Quazi, Delhi – 110006. Alt the business activities
are governed as per the recommendation of the
registered head office of the plaintiff office. (The
registration certificate is enclosed here with as
Annexure- 1) and the M.s Seema Jain has authorized
Sh. Nishant Rawat to be the authorized representative
in the suit of the plaintiff, who is competent to file the
present suit and will be present during the proceedings
of this case. (Copy of the Authority letter is annexed
herewith as Annexurc – 2)”
He further submits that plaintiff also wants to
add a new para-1a between para-1 and 2, which will be as
below :
“Para Ia The defendant Gurmeet Singh is proprietor of
Permax having registered office at Pocket 2/24, ground
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floor sector - 24, Rohini, Delhi and engaged in the
business of dealing in various industrial metals and
other related items who purchased the goods from the
plaintiff.
He further submits that plaintiff also wants to
add a new para-2a between para-2 and 3, which will be as
below :
“Para 2a the defendant came to the office of the
plaintiff and shows his willingness to purchase the
goods from the plaintiff and all the transaction related
to purchase of goods takes place at the office of the
plaintiff which is at 28152/2, Shree ram market, Gali
Peepal, Mahadev, Hauz Qazi, Delhi-110006”
He further submits that plaintiff also wants to
add a new para-8a between para-8 and 9, which will be as
below :
“8a That the last transaction took place between the
plaintiff and the defendant in their mutual account is
on 1-12-2020 and on 04.01.2021 the defendant
admitted the legally enforceable debt via email.”
He further submits that plaintiff also wants to
amend para 11, which will be read as below :
“Para11 The cause of action for filing the present suit
arose in favoaur of the plaintiff and against the
defendant when the defendant approached the plaintiff
at gali peepal Mahadev, Hauz Qazi, Delhi-110006 the
cause of action further arose when the plaintiff placed
the first order on 01.04.2013 and placed the last order
on 01.12.2020. It further arose on when the defendant
refused to attend the phone calls of the plaintiff and
started changing the places of his business. Further, the
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cause of action arose on the each and every date and
time when the plaintiff demanded the suit amount. The
cause of action further arose on 03.12.2023 and
06.01.2024 the notice of pre-litigation was sent to the
defendant by DLSA and the non-starter report was
received by the plaintiff. The cause of action is
continuing in nature on day-to-day basis still subject to
file the present suit.”
He further submits that since the present suit is at
initial stage, therefore, no prejudice would be caused to
defendant if the application is allowed.
I have heard submissions.
Since summons of the suit have not yet been issued
to defendant, therefore, in the interest of justice, I allow the
application and take amended memo of parties & amended plaint
on record. Applications stand disposed off.
Let summons of the amended suit be issued to
defendant on filing of PF / RC-AD as well as all other modes for
27.04.2024. Steps be taken within a week.
(Sanjeev Kumar Aggarwal)
District Judge (Commercial Court)-01,
Central, Tis Hazari Courts,
Delhi/01.03.2024
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