Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM.) No. 9/2024
BANK OF INDIA VS. SURENDER SINGH
31.07.2024
File taken up today on two separate applications- (1)
application under Section 151 CPC seeking sustitution of AR of
plaintiff and (2) application under Order VI Rule 17 r/w Section
151 CPC moved by plaintiff.
Present: Sh. V.P. Tiwari, Advocate for applicant/plaintiff.
Heard. File perused.
There is no need to issue notice of either of the
aforesaid two applications as the defendant is yet to be served in
this matter.
Accordingly, arguments on both the aforesaid
applications heard. Record perused.
By way of application under Section 151 CPC, the
plaintiff seeks substitution of its AR by stating that its previous
AR namely Sh. Nishant Arya has been transferred to some other
branch and thus, Ms. Mamta Gautam, Senior Manager has been
appointed as new AR vide Authority Letter dated 09.07.2024,
which is also annexed alongwith said application.
In view of the aforesaid facts and circumstances and
the reasons assigned in the application, same is allowed and
stands disposed off. Accordingly, Ms. Mamta Gautam is
substituted as new AR in place of previous AR Sh. Nishant Arya.
As regards, amendment application, Ld. Counsel of
plaintiff has submitted that due to typographical error, the
applicant could not mention the complete address of the
defendant in the Memo of Parties filed alongwith the plaint and
Contd:-
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by way of this application, the plaintiff seeks to furnish the
complete details of the defendant by way of amended Memo of
Parties, which is also annexed with this application.
Keeping in view the overall facts and circumstances
of the case and the fact that the proposed amendment is formal in
nature and the suit is still at its infancy stage, the application is
allowed and stands disposed off accordingly. Amended Memo of
Parties filed therewith is taken on record.
Put up on the date already fixed i.e., 28.10.2024 for
purpose already fixed.
Vidya Prakash
District Judge (Commercial Court)-02
Patiala House Court, New Delhi.
31.07.2024(V)
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