Order 13

Order Details: COPY OF ORDER
Pdf Text: CS (COMM.) No.143/2023
M/s Eastman Auto and Power Ltd. Vs. M/s Green Kaiketsu
Automotive India Pvt. Ltd.
29.02.2024
Present: Sh. Kamal Kumar, Ld. Counsel for plaintiff.
Sh. V K Upadhyay, Ld. Counsel for defendant.
Today, the case is fixed for final arguments.
Further part arguments heard.
Issue No. 2
ii. Whether the plaintiff is entitled for recovery of Rs.4,98,700/- along
with pendent-lite in future interst @18% p.a.? OPP
In so far as the suit was amended and the old suit amount
of Rs.4,98,700/- was upwardly revised to Rs.10,14,972/- the issue no.
2 is recasted as under:
Recasted Issue No. 2
ii. Whether the plaintiff is entitled for recovery of Rs.10,14,972/- along
with pendent-lite in future interst @18% p.a.? OPP
During the course of hearing and perusal of record it is
found that although plaintiff was allowed to upwardly revise the
original suit claim of Rs.4,98,700/- to Rs.10,14,972/- but the affidavit
in chief of PW1 i.e. Ex.PW1/A was filed and exhibited on the basis of
old suit amount.
An oral request is made by Ld. Counsel for plaintiff at bar
to permit the plaintiff to lead additional evidence and supplement
Ex.PW1/A with additional affidavit limited only to the revised
amount.
The request is opposed by Ld. Counsel for defendant in
so far as the request is aimed only to correct the factual omission of
the revised plaint.
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The request is allowed subject to cost of payment of
Rs.5500/- to be paid to defendant.
Put up for final arguments on 22.03.2024.
Next date of hearing is given as per convenience of
parties.
(SURINDER S. RATHI)
District Judge
Commercial Court-03
Shahdara District, KKD
Delhi/29.02.2024
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