Delhi High Court - Orders
J R Rice India Private Limited & Anr vs Shree Shakambari Rice Mill Pvt Ltd & Anr on 28 November, 2022
Author: Amit Bansal
Bench: Amit Bansal
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 1508/2016 and CC(COMM) 21/2017
J R RICE INDIA PRIVATE LIMITED & ANR ..... Plaintiffs
Through: Mr.M.K.Miglani, Advocate.
versus
SHREE SHAKAMBARI RICE MILL
PVT LTD & ANR ..... Defendants
Through: Mr.Rahul Beruar, Ms.Jyotsana Singha
and Mr.Avinash K.Singh, Advocates.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 28.11.2022 I.A. 6660/2019 (O-VI R-17 of CPC)
1. Counsel for the plaintiffs submits that the plaintiff no.2 had filed a suit against the defendants for copyright infringement, which was pending before the District Court, Ranchi.
2. Counsel for the plaintiffs further submits that the plaintiff no.2 had filed an application seeking withdrawal of the aforesaid suit pending before the District Court, Ranchi, with the permission to seek the same remedy in the present suit as the present suit is a prior pending suit between the parties. The said application was allowed by the District Court, Ranchi vide order dated 10th May, 2019 permitting the plaintiff no.2 to withdraw the said suit with liberty to seek the same remedy in the present suit.
3. Accordingly, the present application has been filed under Order VI Signature Not Verified Digitally Signed By:AMIT BANSAL CS(COMM) 1508/2016 Page Signing 1 of 3 Date:29.11.2022 13:02:28 Rule 17 of the Code of Civil Procedure, 1908 (CPC) seeking to amend the plaint.
4. The amendments sought by way of the present application are in respect of the plaintiff no.2, which was the subject matter of the suit filed before the District Court, Ranchi.
5. Counsel for the defendants has filed a reply and has opposed the application on various grounds such as this Court lacking territorial jurisdiction and limitation.
6. I have heard the counsels for the parties.
7. Though filed in 2015, the suit is at an early stage and the issues are yet to be framed in the suit. Further, the present application seeks to incorporate averments from the suit, which was filed by the plaintiff no.2 against the defendant before the District Court, Ranchi and in respect of which liberty was given by the District Court, Ranchi while allowing the plaintiff no.2 to withdraw the suit.
8. In my view, the said amendments are necessary for the fair and proper adjudication of the disputes between the parties and would also avoid multiplicity of suits between the parties. It would be open to the defendants to take all objections in respect of the amendments in their written statement(s) to the amended plaint.
9. The application is allowed.
CS(COMM) 1508/2016
10. Amended plaint be filed within two weeks from today with a copy to the counsel for the defendants.
11. Upon receiving the amended plaint, the written statement(s) to the amended plaint be filed within 30 days thereof.
Signature Not Verified Digitally Signed By:AMIT BANSALCS(COMM) 1508/2016 Page
Signing 2 of 3
Date:29.11.2022 13:02:28
12. List before the Joint Registrar on 2nd February, 2023.
AMIT BANSAL, J
NOVEMBER 28, 2022/sr
Signature Not Verified
Digitally Signed By:AMIT
BANSAL
CS(COMM) 1508/2016 Page
Signing 3 of 3
Date:29.11.2022 13:02:28