Order 8

Order Details: COPY OF ORDER
Pdf Text: CS (COMM) 45/24
M/s Darpan Glass
Vs.
M/s The Tile Wholesaler
14.11.2024
Present: Ms. Tanu, proxy for Sh. Gulshan Garg, Ld. Counsel
for plaintiff.
None for defendant.
Perusal of record shows that defendant was
proceeded ex-parte vide order dated 26.07.2024.
Ld. Counsel for plaintiff submits that she has filed
two applications, one under Order VII Rule 14 r/w Section 151
CPC i.e. IA No.5/2024 seeking permission for filing documents
and another under Section 152 CPC for correction of order dated
01.10.2024 i.e. IA No.6/2024 through e-filing. Hard copies are
also filed on record.
Steps have not been taken for service of notice of
application under Order VI Rule 17 r/w Section 151 CPC i.e. IA
No.3/2024 for amendment of plaint.
Ld. Counsel for plaintiff submits that plaintiff has
not taken steps for service of notice of application under Order
VI Rule 17 r/w Section 151 CPC i.e. IA No.3/2024 as two
another applications i.e. under Order VII Rule 14 r/w Section 151
CPC dated 30.09.2024 (IA No.4/2024) and under Order VII Rule
14 r/w Section 151 CPC dated 01.10.2024 (IA No.5/2024)
seeking permission for filing the documents are pending.
Heard. Ld. Counsel for plaintiff submits that by way
of these two applications, plaintiff wants to file one copy of e-
way bill regarding invoice no.383 dated 28.06.2022. It is
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submitted that defendant has already been proceeded ex-parte
and no prejudice would be caused, if the copy of e-way bill
regarding invoice no.383 dated 28.06.2022 is taken on record.
In view of submissions and reason mentioned in the
applications, both the applications i.e. IA no.4/2024 and 5/2024
stand allowed. Let copy of e-way bill regarding invoice no.383
dated 28.06.2022 be taken on record.
Arguments on an application under Section 152
CPC i.e. IA No.6/2024 for correction of order dated 01.10.2024
also heard.
Ld. Counsel for plaintiff submits that due to some
typographical error, the invoice number and date i.e. invoice
no.383 dated 28.06.2022 is wrongly mentioned as invoice no.370
dated 27.04.2022 in the order dated 01.10.2024.
Record perused. In view of submissions and reason
mentioned in the application, same stands allowed. Let invoice
no.370 dated 27.04.2022 in order dated 01.10.2024 be read as
invoice no.383 dated 28.06.2022.
Let steps be taken for service of notice of
application under Order VI Rule 17 r/w Section 151 CPC i.e. IA
No.3/2024 to the defendant on filing of PF, speed post as well as
through approved courier for next date of hearing. Steps be taken
within a week.
Put up on 04.12.2024.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East, KKD Courts, Delhi
14.11.2024
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