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Order 7

CNR DLNE01001147202305 Oct 2023
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Order 7 · 05 Oct 2023 · CNR DLNE010011472023

Order Details: COPY OF ORDER
Pdf Text: sCS (COMM) 41/23
Punjab National Bank
Vs.
Rana Transport And Material Carries
05.10.2023
Present: Sh. Santosh Pandey, proxy for Sh. Neeraj Bhagat,
Ld. Counsel for plaintiff.
Ld. Counsel for plaintiff has filed an application
under Order VI Rule XVII r/w Section 151 CPC for amendment
of plaint.
Ld. Counsel for plaintiff submits that inadvertently
plaintiff could not specifically mention about the jurisdiction and
the date from which limitation started in the main suit, therefore,
he has filed the present application for amendment of the suit. It
is submitted that case is at initial stage as summons have not
been issued to defendant. Thus, it is prayed that amendment
application be allowed.
In view of submission, application under Order VI
rule XVII r/w Section 151 CPC, filed on behalf of plaintiff stands
allowed. Amended plaint be taken on record.
Heard. Let summons for settlement of issues be
issued against defendant on filing of PF, Speed Post as well as
approved courier for next date of hearing. Steps be taken within a
week.
It be noted on the summons that defendant is
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
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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 defendant as per rules.
Put up on 31.10.2023.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East, KKD Courts, Delhi
05.10.2023
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