Order 3

Order Details: COPY OF ORDER
Pdf Text: CS (COMM) 492/24
Amar Maurya Prop Of Raj Plastic Vs. M S Misfire Apparels Pvt Ltd
22.10.2024
Present: Sh. Ram Kumar Soni, Ld. Counsel for the plaintiff.
Perusal of record reveals that on 19.09.2024, 10 flaws were
flagged in this case. Ld. Counsel for plaintiff has filed an application under
Order 6 Rule 17 CPC. Submissions heard. Record perused. In view of
submissions made and reasons mentioned in the application under Order 6
Rule 17 CPC, same stands allowed. Amended plaint is accepted on record.
Plaintiff has now included pre suit interest and accordingly,
suit amount is enhanced from Rs. 4.34 lacs to Rs. 10.42 lacs, however, no
deficient Court fee has been paid by the plaintiff. He is directed to pay the
deficient court fee within three days from today.
As regards the limitation, Ld. Counsel for plaintiff submits
that by applying the judgment passed by Hon’ble Supeme Court of India
“In Re: Cognizance For Extension of Limitation” Suo Motu Writ Petition
(C) No.3 of 2020,” the suit is within limitation. This issue is left open.
Subject to filing of deficient Court fees, issue summons to
defendant of amended plaint on taking steps within one week on PF, RC
and authorized courier, speed post as well as through email and whatsapp
messenger on furnishing the particulars thereof alongwith an affidavit with
regard to correctness of email id and whatsapp number of defendant with
directions to file the WS along with documents and affidavit of
admission/denial of documents of plaintiff within stipulated period of 30
days of service after supplying advance copy to plaintiff through counsel.
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Replication if any, alongwith affidavit of admission/denial of
documents of defendant by way of affidavit be filed within 15 days
pursuant to filing of WS after supplying advance copy to defendant
through counsel.
Put up for admission/denial of documents/settlement of
issues/further proceedings/exploring the possibility of settlement on
30.11.2024.
Date is given at the convenience of plaintiff.
(SURINDER S. RATHI)
District Judge
Commercial Court-03
Shahdara District, KKD
Delhi/22.10.2024 (R)
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