Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM.)/391/2025
CNR NO. : DLND010037622025
BHARAT SINGH KUSHWAH
Vs.
MANOJ SHARMA & ANR.
31-05-2025
Present : Sh. Kapil Yadav and Ms. Chanchal Bhardwaj,
Advocates for plaintiffs.
Heard. File perused.
Ld. Counsel of plaintiffs has filed an application
under Order VI Rule 17 CPC alongwith Amended Plaint and
Statement of Truth, Certificate under Order XI Rule 6(3) CPC and
Certificate under S. 63 Bhartiya Sakshya Adhiniyam, 2023
regarding electronic records.
Arguments heard on the aforesaid application. Record
perused.
By way of present application, plaintiffs want to
amend the present suit on the grounds,
inter alia, that due to
oversight and typographical errors, some facts have been wrongly
mentioned in certain paragraphs of the plaint and also in prayer
clauses.
Ld. Counsel of plaintiffs has submitted that the
amendments sought are necessary for just and proper adjudication
of the case, as also it does not change nature and character of the
suit. Ld. Counsel of plaintiffs has further submitted that the suit is
at a initial stage and defendants are yet to be served and hence, it is
prayed that the said application is allowed and amended plaint may
be taken on record.
Ld. Counsel of plaintiffs has submitted that in terms
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of direction of this Court, plaintiffs seek to file proper affidavit
under Order XI Rule 6 (3) CPC, as applicable to the Commercial
Courts Act, 2015, and Certificate under S. 63 Bhartiya Sakshya
Adhiniyam, 2023 regarding electronic records.
Having considered the submissions made on behalf of
plaintiffs and in view of reasons assigned in the application and
overall facts and circumstances of the case, the application is
allowed and disposed off. In view thereof, amended plaint
alongwith relevant said affidavit and certificate are taken on
record.
At this stage, Ld. Counsel of plaintiffs has pressed for
two applications – one under Order XXXIX Rules 1 & 2 CPC read
with S. 151 CPC seeking
ex parte ad interim injunction, and other
under Order XXVI Rule 9 CPC read with S. 151 CPC seeking
ex
parte appointment of Local Commissioner to visit the premises of
the defendants.
Arguments heard on the aforesaid applications.
Put up on 06-06-2025 for clarification, if any/ order
on the said applications.
(VIDYA PRAKASH)
District Judge (Commercial Court)-02
Patiala House Court, New Delhi.
31-05-2025(r)
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