Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Item No. 1	Item No. 1
CS (COMM) 1152/25	CS (COMM) 1152/25
KULVINDER SINGH Vs.	KULVINDER SINGH Vs.
M/S WELSPUN GLOBAL BRANDS LTD.	M/S WELSPUN GLOBAL BRANDS LTD.
08.12.2025	08.12.2025
Present: Sh. Sachin Chaudhary, Ld. Proxy Counsel for
plaintiff (through video conferencing)
ORDER (oral) :
1. An application u/O VI Rule 17 read with Section 151 CPC for
amendment of the plaint was filed on behalf of plaintiff on
05.12.2025.
2. Heard. Perused the record.
3. By way of the aforesaid application, Ld. Counsel for plaintiff
has argued that due to inadvertent and typographical mistake, paras
no. 32 and 33 have been incorporated in the plaint which has no
relation and relevance in respect of the present suit.
4. The court has duly considered the arguments advanced. The law
related to the amendment of pleading has been laid down in the
judgments of the Hon’ble Supreme Court of India titled A.K. Gupta
& Sons Ltd. Vs. Damodar Valley Corporation, AIR 1967 SC 96:
(1966) 1 SCR 796; and Ganga Baii Vs. Vijay Kumar & Ors.
(1974) 2 SCC 393 and a catena of judgment rendered thereafter. The
conditions which are required to be satisfied before an amendment
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sought for in the pleadings can be considered and allowed by the court
which are as under:-
i) The amendment sought for should have been ordinarily filed
before the trial has been commenced,
ii) The same should not change the basic nature of the suit and
iii) The amendment sought for should be necessary for the
purpose of determining the real questions in controversy
between the parties.
5. In the instant case, the matter is at the initial stage and the trial
has yet to be commenced as the sumons of the suit is yet to be issued
against the defendant. Further the amendment sought for does not
change the basic nature of the suit. The Court is of the considered
opinion that amendment sought for is nothing but an explanation of
the averments already made.
6. Considering the facts and circumstances of the case, the
application under Order VI Rule 17 CPC is allowed. The amended
plaint filed alongwith application is taken on record.
7. Since the suit has been amended, issue summons for settlement
of issues on filing of the process fee by the plaintiff. Summons be also
issued to the defendant to be served through Ld. Principal District and
Sessions Judge concerned.
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8. In addition thereto, process be also sent through
registered/speed post AD. As prayed, the sealed covers containing the
summons and complete paper book of the case be handed over dasti to
the plaintiff/counsel for putting the same in the postal transmission.
The original postal receipt(s) along with the downloaded track report
from the website of India Post alongwith a certificate under Section
65B of Indian Evidence Act be placed on record by the
Plaintiff/counsel on the next date. In case the Plaintiff has any e-mail ,
fax ID or mobile number (having WhatsApp/Gims/Sandes
application) or any other electronic address of the defendant(s), the
particulars of the same be filed/furnished in court by the Plaintiff vide
an affidavit in accordance with Rule 12 of the Delhi Court Services of
Process by courier, FAX and Electronic Mail Service (Civil
Proceedings) Rule, 2010.
9. If such an affidavit, verifying the correctness of the electronic
addresses of defendant(s), is furnished, the process be sent through
electronic mode as well as through the Nazarat Branch enclosing an
electronic copy of the plaint and documents which be furnished by the
Plaintiff.
10. In terms of Rule 13, Plaintiff is directed to place on record a
copy of the plaint and documents in electronic format/scanned images
in compliance of Rule 13 for forwarding/annexing/attaching the same
with the process.
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11. Requisite process fee for sending process by electronic mode in
compliance of Rule 14 be also filed along with the copies as above for
onward transmission to Nazarat Branch, Tis Hazari Courts, for service
through electronic mode.
12. Process should also state that the Written Statement has to be
filed within 30 days (extendable up to 120 days with the leave of the
Court and subject to terms) from the date of service of process as per
amended CPC (as applicable to Commercial Courts).
13. Steps be taken within 07 days from today.
14. Put up for report of service on 23.01.2026.
(Mukesh Kumar Gupta)
District Judge(Commercial Court)-07	District Judge(Commercial Court)-07
Central/Tis Hazari Courts/	Central/Tis Hazari Courts/08.12.2025	08.12.2025 ‘ak’	‘ak’
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