Order 1

Order Details: Order below exhibit
Pdf Text: 1 Exh.8 in Comm. SU 194/2019
IN THE COURT BOMBAY CITY CIVIL COURT AT GR. BOMBAY
Order below Exhibit -8
In
Commercial Suit no.194 of 2019
M/s. John Energy Ltd. ..Plaintiff.
V/s.
M/s. H.V. Corporation. ..Defendant/Applicant.
Coram : H.H.THE PRINCIPAL JUDGE
M.W. CHANDWANI
Dated : 03rd March, 2020
(C.R.No.19)
APPEARANCES:
Advocate Mr. Pankaj Thatte for the plaintiff.
Advocate Mr. Rajesh Patil for the defendant.
O R A L O R D E R
By the present application, the applicant who is defendant in
the suit is seeking dismissal of the suit on the ground that the plaintiff has
not verified the pleading as per mandate of Order-VI Rule-15-A of the Code
of Civil Procedure (in short “C.P.C.”).
2. It is contended that pleading should be verified as per
mandate of Order-VI Rule-15-A of C.P.C. The format is mentioned in
Appendix-I. According to defendant, plaintiff has not verified the plaint as
per mandate of Commercial Court Act 2015. The only recourse is available
to dismiss the suit.
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2 Exh.8 in Comm. SU 194/2019
3. The application is opposed on the ground that the application
is made just to delay the suit and therefore, it can be rejected on the heavy
exemplary cost. For technical reason, the suit cannot be dismissed. If there
is any defect, the plaintiff is ready to comply with the same.
4. Heard learned Advocate for plaintiff as well as learned
Advocate for the defendant.
5. Perused the plaint. Indisputably, the verification clause of the
plaint is not in confirmity with Appendix-I as mentioned in Order-VI
Rule-15-A of C.P.C. The main question arises before me whether non-
compliance of the mandate of Order-VI Rule-15-A (1) of C.P.C. would entail
the dismissal of the suit? To which my answer is no. Rather, the
consequence of non-compliance is enumerated in Order-VI Rule-15-A
Sub-rule (4) which is read as follows:
"(4)...Where a pleading is not verified in the manner provided
under sub-rule (1), the party shall not be permitted to rely on such
pleading as evidence or any of the matters set out therein.
6. Thus, consequences of not filing the mandate of Order-VI
Rule-15(A) of C.P.C. is, plaintiff shall not permit to rely on such pleading as
evidence and not to dismissal of the suit. Therefore, I do not find force in
the argument of learned Advocate for the defendant. Further, by way of
reply, the plaintiff has submitted that he is ready to correct the verification
clause as per Appendix-I to Schedule mentioned in Order-VI Rule-15(A) of
C.P.C. No doubt, Order-VI Rule-15(A) of C.P.C has not been complied with.
It seems that the plaintiff is now ready to correct the same. I think, the
plaintiff can allowed, because the intention behind Order-VI Rule-15(A) of
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3 Exh.8 in Comm. SU 194/2019
C.P.C is, to bind the plaintiff with his pleading by verifying the plaint in
particular manner to which he is ready, though at later stage. I think no
prejudice will be caused to the defendant, if the plaintiff is allowed to
correct his verification in consonance with Order VI Rule 15-A(1) of C.P.C.
Hence, I proceed to pass the following order.
O R D E R
1. The application Exhibit-8 is rejected.
2. The plaintiff is directed to verify the plaint as per Appendix
to the Schedule mentioned in Order-VI Rule-15-A of C.P.C.
3. Application is disposed of accordingly.
03/03/2020 (M.W. CHANDWANI)
Principal Judge,
Gr.Bombay.
Dictated on : 03.03.2020
Transcribed on : 04.03.2020
Signed by H.H.J. on : 04.03.2020
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4 Exh.8 in Comm. SU 194/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER
Name of Stenographer: Mr. Tushar P. Kuwar
Upload date and time: 04/03/2020 (02.00 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri M.W. CHANDWANI(C.R.No.19)
Date of Pronouncement of Order 03.03.2020
Order signed by P.O. on 04.03.2020
Order uploaded on 04.03.2020
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