Order 9

Order Details: COPY OF ORDER
Pdf Text: 3 CS (COMM) 260/24
Shree Kamakhya Roadlines Pvt Ltd Vs. Retail Space Fitouts And Infra Llp
14.02.2025
Present: Sh. R.K. Sharma, Ld. Counsel for plaintiff.
An application under Order VI Rule 17 CPC filed on behalf of
plaintiff for seeking permission to amend the memo of parties along with
affidavit and amended memo of parties. It is stated that the fresh address of
the defendant has been traced.
One more application of the plaintiff under Order XI Rule 1(5)
CPC is pending for taking on record the GST registration certificate of the
defendant. Certificate under Section 63 of Bharatiya Sakshya Adhiniyam,
2023 in support of the said GST registration certificate of the defendant has
been filed today. It is also stated that from the GST registration details, the
plaintiff came to know that the defendant is the limited liability partnership
firm and Sh. Sachin Gupta, Sh. Sanjeev Arora and Smt. Sapna Ahuja are the
partners of the defendant Firm. Plaintiff thus, wants to implead the partners
of the defendant as defendants in the amended memo of parties as well as
wishes to file the GST registration certificate of the defendant through the
application under Order XI Rule 1(5) CPC.
No prejudice shall be caused to the defendant if the applications
in hand are allowed. The defendant has not yet been served with the
summons. The case is at initial stage. The additional document sought to be
placed on record is also necessary for the just adjudication between the rights
of the parties. Therefore, in the interest of justice, application under Order XI
Rule 1(5) CPC is allowed and the additional documents i.e. GST registration
certificate along with certificate by way of affidavit under Order XI Rule 6(3)
read with Section 63 of BSA, 2023 are taken on record.
The amendment sought is also necessary for the just
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adjudication of the case and therefore, in the interest of justice, application
under Order VI Rule 17 CPC is also allowed. The amended memo of parties
is taken on record.
Both the application stand disposed off accordingly.
Matter has been taken for consideration of commercial suit for
recovery of an amount of Rs.10,17,950/- with pendente lite and future
interest in favour of plaintiff and against defendant.
Issue summons to the defendant as per amended memo of
parties on filing of PF, RC, authorized courier/speed post as well as through
email and Whatsapp messenger on furnishing the particulars thereof along
with an affidavit with regard to correctness of email Id and Whatsapp number
of defendant with directions to file the Written Statement along with
documents and affidavit of admission/denial of documents of plaintiff within
stipulated period of 30 days of service after supplying advance copy of the
plaintiff through counsel. Steps be taken and PF be filed within 1 week.
In compliance of the judgment of the Hon’ble High Court of
Delhi in case titled as
“North Delhi Municipal Corporation v. M/s Dhingra
Constructions Company”, CM (M) No. 136/2020 dated 05.02.2020, it be specifically
mentioned on the summons that present suit is a commercial suit and the
defendant are required to file his written statement within the mandatory
period of 30 days of his service, and upto a period of 120 days , subject to
permission and cost and no extension can be granted.
Put up for admission/denial of documents and settlement of
issues/ further proceedings on 18.03.2025.
(Kiran Bansal)
District Judge, Commercial Court-02,
Shahdara District, Karkardooma Courts,
Delhi /14.02.2025.
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