Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 17
CS (COMM.) 353/24
Pradeep Kumar Chawla
Vs.
Dtwelve Spaces Pvt Ltd
06.02.2025
Present: Shri Kamal Jindal, Counsel for plaintiff.
Shri Chetan Vahi, counsel for defendant No.1.
Counsel for defendant has submitted that defendant
No.2 is director and has requested for deletion from the array of
defendants. In this regard, the reliance can be placed upon the
decision of Delhi High Court in case Mukesh Hans Vs Uma
Bhasin, RFA 14/2010 decided on 16-08-2010 in which it was
held that Directors can not be held personally responsible for act
of company in absence of a personal guarantee or allegations of
cheating /misrepresentation. In view of the aforesaid citation,
defendant No.2 is deleted from the array of defendants.
An application U/o 9 Rule 7 CPC, WS on behalf of
defendant No.1, statement of truth, application U/o 8 Rule 1
CPC, certificate U/o 11 Rule 6 of CPC and affidavit of
admission/denial of odocuments, list of documents and
documents filed by defendant No.1 on 16.01.2025, are already on
record.
Despite service on 18.09.2024, no one was present
on behalf of defendants on 11.11.2024 and 03.12.2024. Both
defendants were proceeded ex-parte and their right to file WS
was closed on 03.12.2024. So, for getting setting aside ex-parte
order, two applications have been moved by defendant No.1, first
is U/o 9 Rule 7 CPC and second is U/o 8 Rule 1 CPC. Without
commenting on their merit, both are allowed but subject to
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payment of cost of Rs.10,000/- payable by defendant No.1 to the
plaintiff on next date of hearing.
An application U/o 6 Rule 17 CPC moved by the
plaintiff on 14.01.2025 for amendment to the plaint is also there.
Counsel for plaintiff has submitted that he wants to add
subsequent development in the plaint. The development is that
the defendant did not pay him rent for the months of December
2024 and January 2025. It is pertinent to mention here that suit
was filed in June 2024 and so the cited facts are subsequent one
due to which an application U/o 6 Rule 17 CPC is allowed.
Amended plaint is already on record. Copy supplied.
Now to come up for filing WS to the amended
plaint, affidavit of admission/denial of documents etc. with
advance copy to the opposite party who shall file replication by
next date with advance copy to the opposite party. The matter be
also listed for framing of issues on 28.04.2025.
( Umed Singh Grewal )
District Judge (Commercial)-02
North District, Rohini Courts,
Delhi/06.02.2025
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