Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: CS (Comm.) -674-2023
CANARA BANK VS. MANPREET SINGH
12.10.2023
Present : Mr. Sumit Saurav, ld counsel for plaintiff.
Three applications have been filed on behalf of plaintiff which
are being dealt with here as under:-
(1) The first Application has been filed u/s.151 CPC with the
prayer that the authorized Representative of the plaintiff bank may be
substituted. It is submitted by ld counsel for plaintiff that the erstwhile
Authorized Representative of the plaintiff bank has been transferred and in
his place Mr. Rahul, Manager of the concerned branch of the plaintiff bank
may be ordered to be substituted. The application is accompanied by a
copy of a GPA issued in favour of proposed Authorized Representative of
the plaintiff bank. Having heard the submissions made and on going
through the documents as aforesaid, the application under consideration is
allowed, as prayed.
(2) The second application filed on behalf of plaintiff is
u/O.VI Rule 17 CPC seeking amendment in para no.6 of the plaint. It is
submitted that while filing the present suit for recovery of Rs.17,10,197/-
against the defendant, the plaintiff bank did not mention the rate of interest
9.25% per annum in the plaint. Accordingly, the plaintiff seeks permission
to amend para no.6 of the plaint to the aforesaid extent.
In view of submissions made and considering the fact that the
suit is at its initial stage, the application for amendment of plaint is
allowed, as prayed and the amended plaint filed along with application is
hereby taken on record. Ld counsel for plaintiff undertakes to file the
Statement of Truth along with amended plaint in accordance with
-- 1 of 2 --
-2-
provision of Commercial Courts Act within 2 days. Let the needful be
done.
(3) Plaintiff has also filed an application u/O.V rule 20 CPC
seeking service of defendant by way of substituted means. The same is,
however, kept pending for Consideration subject to filing of Statement of
Truth by the plaintiff.
List for Further Proceedings on 07.12.2023.
At request, date is changed to 05.12.2023.
(Kaveri Baweja)
District Judge (Commercial Court) -07
Central District, THC, Delhi/12.10.2023‘rk’
-- 2 of 2 --