Full Order Text
Order 1 · 13 Dec 2024 · CNR DLET030014662024
Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: Civ Suit 903/24 ABHISHEK GUPTA Vs. M/S R N FAUCETS PRIVATE LTD. AND ORS. 13.12.2024 Matter taken up physically as well as through VC. Fresh case received by way of assignment. It be checked and registered as per rules. Present : Sh. Kaustubh Bhardwaj, ld. Counsel for plaintiff. The present suit has been filed for recovery of Rs.1,19,494/-. The suit is based on business transaction between plaintiff and defendant company. It is averred that defendant no.2 Ms. Nidhi Jain, being the Managing Director of the defendant company was primarily involved in the transaction. It is the considered opinion of the court that the defendant company being a separate legal entity can be sued in its independent capacity. No averments has been made qua defendant no.3 and 4 and they are neither necessary or property parties. Hence, they are deleted from the array of parties under Order I Rule 10 CPC. Amended memo of parties be filed by the plaintiff. It is submitted by ld. Counsel for the plaintiff that there is a typographical error in the subject of the suit where the sum to be recovered has been mentioned as Rs.1,19,494/-. It is submitted that the correct amount is Rs.1,31,879/- as mentioned in the prayer clause. It is prayed that the error be corrected. In view of the submissions, the subject be read as “Suit for recovery of Rs.1,31,879/-(Rs.90,526/- as principal+Rs.28,968/- as interest) alongwith pendentelite and future interest”. -- 1 of 2 -- Issue summons of the suit for settlement of issues to the defendants on filing of amended memo of parties, PF and Speed post, returnable for 25.03.2025. PF and speed post be filed within 15 working days from today. Summons be given dasti to the plaintiff to be served through speed post. Plaintiff shall file an affidavit of service alongwith the requisite documents showing due service on the NDOH. In case, the summons remains unserved for any reason whatsoever, then the same be served by way of affixation. (T. Priyadarshini) SCJ-cum-RC East/KKD/13.12.2024 -- 2 of 2 --