Order 10

Order Details: COPY OF ORDER
Pdf Text: C.S. (COMM) 45/24
M/S DARPAN GLASS THROUGH ITS
PROPRIETOR ABDUL GAFFAR MALIK
VS.
M/S THE TILE WHOLESALER
09.01.2025
Present: Sh. Gulshan Garg, Ld. Counsel for plaintiff.
None for proposed defendants.
Perusal of record shows that notice of the application
(IA No. 3/2024) under Order VI Rule 17 read with section 151
CPC was served upon the proposed defendants on 02.12.2024 but
none is present on behalf of proposed defendants.
Arguments on the application i.e. IA No. 3/2024
under Order VI Rule 17 read with section 151 CPC heard.
Ld. Counsel for plaintiff submits that at the time of
filing of the suit, plaintiff was not aware that the defendant ‘M/s
The Tile Wholesaler’ is a partnership firm and later on the
plaintiff came to know that the defendant is a partnership firm
having two partners i.e. proposed defendant no. 2 and 3. It is
submitted that the suit is at initial stage and no prejudice would be
cause to the defendants if the present application for amendment
is allowed.
In view of submissions and reasons mentioned in the
application, same stands allowed. Let amended memo of parties
and amended plaint be taken on record.
Let fresh summons for settlement of issues be issued
against the defendants on filing of PF, Speed Post as well as through
approved courier for the next date of hearing. Steps be taken within
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a week.
It be noted on the summons that the defendants are
required to file written statement within 30 days of the service of
summons and further extension of time in filing the written
statement can only be granted after sufficient reasons are shown and
that too subject to payment of cost as may be considered appropriate
by the Court. However, in any case, time would not be extended
beyond a period of 120 days.
A copy of this order be sent alongwith the summons
also to the defendants as per rules.
Put up on 01.02.2025.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East,KKD Courts,Delhi
09.01.2025
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