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Delhi High Court - Orders

Ks Chamankar Infrstructure Pvt. Ltd. ... vs M/S Scg Contracts India Pvt. Ltd. And Anr on 21 May, 2024

Author: Neena Bansal Krishna

Bench: Neena Bansal Krishna

                                    $~10
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           CS(COMM) 112/2024, I.A. 2781/2024
                                                KS CHAMANKAR INFRSTRUCTURE PVT. LTD. AND ANR
                                                                                                                                     ..... Plaintiffs
                                                                                      Through:                Mr. Jayant Mehta, Sr. Advocate with
                                                                                                              Mr. Roshan Lal Goel, Ms. Anju
                                                                                                              Gupta, Ms. Neha Sharma, Advocates.
                                                             versus
                                                M/S SCG CONTRACTS INDIA PVT. LTD. AND ANR
                                                                                                                                     ..... Defendants
                                                                                      Through:                None.

                                                CORAM:
                                                HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
                                                                   ORDER

% 21.05.2024

1. A suit for Recovery has been filed on behalf of the plaintiff apparently on the averments that certain amounts are not payable and the bills of the defendants are inflated. Though, the bills are of 2010 to 2013, but this alleged illegality in excess payment has come to the knowledge of the plaintiff some time in 2022.

I.A 29990/2024 (under Order VI Rule 17 read with Section 151 CPC on behalf of plaintiff for Amendment of Plaint)

2. An application has been filed on behalf of the plaintiff.

3. The perusal of the application shows that the principally all the allegations made in the plaint are sought to be deleted to be replaced by another set of facts. It is essentially the re-writing of the plaint.

4. Considering that the suit is pertaining to the Bills of 2010 to 2013 and 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 25/05/2024 at 00:40:50 that there is already arbitration proceedings going on between the Government of Maharashtra and the plaintiff. There is another connected case being CS(COMM) 199/2017 which is pending in this Court wherein the Written Statement of the plaintiff has not been taken on record and that apparently has actuated the filing of the present suit.

5. An adjournment is sought as the Sr. Advocate is busy in another Court.

6. List this application for consideration along with CS(COMM) 199/2017 on 29.07.2024.

NEENA BANSAL KRISHNA, J MAY 21, 2024/va 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 25/05/2024 at 00:40:50