Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 8 CS (COMM.) 184/22
De Lage Landen Financial Services India Pvt. Ltd. Vs. Sarjeet
Singh & ors.
10.01.2023
Present : Sh. Nipun Katahar, Ld. Proxy Counsel for the
plaintiff.
None for the defendants.
Application under Order XXII Rule 10 r/w Order XI
Rule 6 (3) and Order VI Rule 17 r/w Section 151 CPC along with
the supporting documents and list of documents has been filed.
Heard. Record Perused.
It is submitted by the counsel that by virtue of
assignment agreement dated 07.07.2022, the loan in question has
been assigned by plaintiff De Lage Landen Financial Services India
Pvt. Ltd. i.e. assigner in favour of Kotak Mahindra Bank Limited
i.e., assignee, consequently, devolution of interest has occasioned in
favour of Kotak Mahindra Bank Limited with respect to claim in
this suit. Hence substitution of Kotak Mahindra Bank Limited in
place of plaintiff De Lage Landen Financial Services India Pvt. Ltd.
has been sought, besides seeking permission to substitute Sh. Amar
Maini as Authorized Representative of Kotak Mahindra Bank
Limited and to amend the memo of parties accordingly.
Mr. Anupam Singh, had been the Advocate for original
plaintiff De Lage Landen Financial Services India Pvt. Ltd. and
also happens to be an Associate Advocate for the assignee. It is
submitted by the counsel present that he has verified about the
assignment agreement from original plaintiff as well as the assignee
with respect to its genuineness.
In view of the above, since the assignment of the
interest in the suit has occasioned during the pendency of this case,
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the application of assignee through Counsel being supported by
relevant documents is allowed. The assignee, Kotak Mahindra Bank
Limited is permitted to be substituted as plaintiff and Sh.Amar
Maini, Deputy Manager of assignee is permitted to be its
Authorized Representative of new plaintiff.
Amended memo of parties is taken on record.
Issue fresh summons for settlement of issues to the
defendants through all permissible modes i.e. RC/Speed Post/
Courier/E-mail/Whatsapp and FAX etc. of filing of PF and soft
copy of complete paper book of the suit in PDF format through
email. For service through electronic mode, plaintiff to file affidavit
with respect to the correctness of the address and contact details.
Steps for service and process fee be filed within one
week.
Directions:
1. service of defendants;
2. written statement along with statement of truth,
admission and denial of documents, list of documents as well
as the documents etc. be filed by defendants within statutory
period of 30 days from the date of service. Advance copy be
given;
3. replication be filed by plaintiff, within statutory period
of 45 days of receipt of copy of written statement, if any.
Advance copy be given.
Put up for 12.04.2023.
Anurag Sain
District Judge (Commercial Court)-01
Patiala House Court, New Delhi.
10.01.2023
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