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Delhi High Court - Orders

M/S Netsity Systems Pvt Ltd vs Shikha Rathore & Anr on 11 October, 2023

Author: Sachin Datta

Bench: Sachin Datta

                                    $~47
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           CS(OS) 759/2022
                                                M/S NETSITY SYSTEMS PVT LTD             ..... Plaintiff
                                                              Through: Mr. Hemant Gulati, Adv.
                                                              versus

                                                SHIKHA RATHORE & ANR.                                                      ..... Defendants
                                                            Through:

                                                CORAM:
                                                HON'BLE MR. JUSTICE SACHIN DATTA
                                                             ORDER

% 11.10.2023 IA No.19952/2023 (filed on behalf of plaintiff seeking modification of order dated 18.09.2023)

1. This is an application seeking modification of the order dated 18.09.2023 whereby notice was issued in IA Nos.17993/2023 and 18024/2023 (both filed under Order 6 Rule 17 CPC read with Section 151 CPC, seeking amendment of the plaint).

2. Learned counsel for the applicant submits that summons are yet to be issued in the main suit i.e. CS(OS) 759/2022. As such, there has been no occasion for the defendants to appear in these proceedings. He further submits that given the preliminary stage of the suit, the plaintiff be allowed to carry out the proposed amendments which are stated to be necessary to bring on record the relevant facts and circumstances and to enable fair and complete adjudication of the lis between the parties.

3. Considering the averments made in the application, the same is allowed. Consequently, IA Nos.17993/2023 and 18024/2023 also stand This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/10/2023 at 14:35:32 allowed.

4. Let the amended plaint be filed within one week.

5. The present application, as also IA Nos.17993/2023 and 18024/2023, stand disposed of in the above terms.

CS(OS) 759/2022

6. List before the concerned Joint Registrar (Judicial) for completion of pleadings on 20.11.2023, the date already fixed.

SACHIN DATTA, J OCTOBER 11, 2023/cl This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/10/2023 at 14:35:32