Delhi High Court - Orders
Kajaria Ceramics Limited vs Godaddy.Com Llc & Ors on 15 February, 2022
Author: Amit Bansal
Bench: Amit Bansal
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 35/2022
KAJARIA CERAMICS LIMITED ..... Plaintiff
Through: Mrs. Bindra Rana with Mr. Vikrant
Rana, Ms. Priya Adlakha, Ms. Tanvi
Bhatnagar and Ms. Shilpi Sinha,
Advocates.
versus
GODADDY.COM LLC & ORS. ..... Defendants
Through: None.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 15.02.2022
[VIA VIDEO CONFERENCING]
I.A. No.2521/2022(u/O-I R-10)
1. This is an application filed by the plaintiff under Order I Rule 10 of the Code of Procedure Code, 1908 (CPC) seeking impleadment of Canara Bank as a defendant in the suit.
2. Advance copy of this application has been served on Mr. Santosh Kumar Rout, Standing Counsel for Canara Bank as well as the Head Office of Canara Bank. However, none appears on behalf of Canara Bank.
3. It is stated in the application that the plaintiff has recently come to know that an amount of Rs.1,00,000/- has been paid in a Canara Bank account No.110021277244 (IFSC- CNRB0004425, Branch- SME, Jharsuguda, Orissa), purportedly in the name of Kajaria Ceramics on the basis of a forged approval letter dated 8th February, 2022. Therefore, it is Signature Not Verified Signed By:SAKSHI CS(COMM) 35/2022 Page 1 of 3 RAMOLA Signing Date:02.15.2022 23:15:21 necessary to implead Canara Bank as a defendant.
4. It is pointed out that vide order dated 17th January, 2022, plaintiff was given liberty to implead any further bank account that they may come across, which is connected with the cause of action in the present suit.
5. In view of the above, the present application is allowed and Canara Bank is impleaded as defendant no.6 in the present suit.
6. Counsel for the plaintiff submits that in terms of the order dated 17th January, 2022, plaintiff has filed an affidavit in respect of the Bank Account in Canara Bank and therefore, the order dated 17th January, 2022 would also be applicable in respect of the Canara Bank, the newly added defendant. CS(COMM) 35/2022
7. Amended memo of parties filed by the plaintiff is taken on record.
8. Let summons in the suit be issued to the newly impleaded defendant, Canara Bank through all permissible modes.
9. The summons shall state that the written statement shall be filed by the defendant within thirty days from the date of the receipt of summons. Along with the written statement, the defendant shall also file an affidavit of admission/denial of the documents of the plaintiff, without which the written statement shall not be taken on record.
10. Liberty is given to the plaintiff to file replication, if any, within fifteen days from the receipt of the written statement. Along with the replication filed by the plaintiff, an affidavit of admission/denial of the documents of the defendant, be filed by the plaintiff.
11. The parties shall file all original documents in support of their respective claims along with their respective pleadings. In case parties are placing reliance on a document, which is not in their power and possession, Signature Not Verified Signed By:SAKSHI CS(COMM) 35/2022 Page 2 of 3 RAMOLA Signing Date:02.15.2022 23:15:21 its detail and source shall be mentioned in the list of reliance, which shall be also filed with the pleadings.
12. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.
13. List on the date already fixed.
AMIT BANSAL, J.
FEBRUARY 15, 2022 at Signature Not Verified Signed By:SAKSHI CS(COMM) 35/2022 Page 3 of 3 RAMOLA Signing Date:02.15.2022 23:15:21