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Gujarat Cooperative Milk Marketing ... vs Sujay Kumar & Ors on 8 November, 2021

Author: C. Hari Shankar

Bench: C. Hari Shankar

                          $~5 (original)
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     CS(COMM) 45/2021
                                GUJARAT     COOPERATIVE      MILK         MARKETING
                                FEDERATION LTD & ANR.                 ..... Plaintiffs
                                             Through: Mr. Abhishek Singh, Adv.

                                                     versus

                                SUJAY KUMAR & ORS.                      ..... Defendants
                                            Through: Ms. Smriti Sinha and Ms.
                                            Vasundhara Nagrath, Advs. for D-1
                                            Mr. Ajit Warrier, Mr. Shyamal Anand, Ms.
                                            Ekta Sharma, Mr. Yash Karunakaran and Mr.
                                            Vishesh Sharma, Advs. for D-2/Facebook Inc.
                                            Mr. Deepak Gogia, Adv. for D-3
                                            Mr. Neel Mason, Mr. Vihan Dang, Mr. Shivang
                                            Sharma, Advs. for Proposed D-6

                                CORAM:
                                HON'BLE MR. JUSTICE C. HARI SHANKAR
                                              ORDER

% 08.11.2021 I.A.12932/2021 (under Order VI Rule 17 of the CPC)

1. This application, under Order VI Rule 17 of the Code of Civil Procedure, 1908 (CPC) seeks permission to amend the plaint.

2. Ms. Sinha, learned Counsel for Defendant 1 vehemently opposes the application, submitting that the amendments amount to complete alteration of the cause of action pleaded in the plaint.

3. Issue notice, returnable on 28th January, 2022. Notice may be served on the defendants, through learned Counsel who have been appearing on their behalf in the present proceedings. Response, if any, be filed within four weeks with advance copy to learned Counsel for the applicant/plaintiff who may file rejoinder thereto before the next date of hearing.

I.A.14384/2021 (under Order VIII Rule 1 of the CPC)

4. This application seeks condonation of the delay of 88 days in filing the written statement. Mr. Singh, learned Counsel for the plaintiff does not oppose the application in the light of the order of the Supreme Court in Suo Motu Writ Petition (Civil) No.3/2020.

5. Accordingly, the delay is condoned. The application is allowed.

I.A.14385/2021 (exemption)

6. Exemption allowed subject to all just exceptions.

7. The application is disposed of.

I.A.14386/2021 (condonation of delay)

8. This application seeks condonation of the delay of 101 days in refilling I.A.14384/2021. Mr. Singh, learned Counsel for the plaintiff does not oppose the application in the light of the order of the Supreme Court in Suo Motu Writ Petition (Civil) No.3/2020.

9. Accordingly, the delay is condoned. The application is allowed.

C. HARI SHANKAR, J NOVEMBER 8, 2021/kr Signature Not Verified CS(COMM) 45/2021 Page 3 of 3 Digitally Signed By:SUNIL SINGH NEGI Signing Date:09.11.2021 17:34:38