Order 2

Order Details: COPY OF ORDER
Pdf Text: 18CS (COMM)48/24
Bank Of India Vs. Kavita Ghai
06.02.2024
Present: Sh. Vinay Kumar Pandey, Ld. Counsel for the plaintiff
physically in Court.
Sh. Deokant Tripathi, Ld. Counsel for the plaintiff through VC.
An amendment application moved on behalf of plaintiff under
Order VI Rule 17 CPC for amendment of the plaint giving bifurcation of the
interest and the principal amount as well as to state the amount claimed
separately qua two separate loan. It is stated that the plaintiff now wants to
amend para-7.
The defendant has not yet been served with the summons as the
case is at initial stage. No prejudice shall be caused to the defendant, if the
amendment sought is allowed. The amendment sought is even otherwise
necessary for the just adjudication of the case and for the proper adjudication
of the rights between the parties and therefore, the amendment application
under Order VI Rule 17 is allowed and disposed off accordingly. The
amended plaint alongwith affidavit are taken on record.
Plaintiff has already moved an application under Order VII Rule
14 CPC for taking on record the documents i.e. the calculation sheet of the
dues amount. However, as per Order XI Rule 7 CPC as applicable to the
Commercial Courts Act, Order VII Rule 14 CPC is not applicable to the
Commercial Courts Act.
Counsel seeks time to move the application under Order XI Rule
1 sub-rule (5) CPC (as amended by the Commercial Courts Act) alongwith
the list of documents as per the provisions of the Commercial Courts Act for
-- 1 of 2 --
taking on record the additional documents i.e. calculation-sheets of the
interest claimed. The list of documents filed alongwith plaint earlier is also
not as per the provisions of the Commercial Courts Act, inasmuch as, the
mode of execution of the documents has not been stated in the said list of
documents.
Let the list of documents be filed by the plaintiff as per the
provisions of the Commercial Courts Act.
Put up for further proceedings on 22.03.2024.
(Kiran Bansal)
District Judge, Commercial Court-02,
Shahdara District, Karkardooma Courts,
Delhi / 06.02.2024.
-- 2 of 2 --