Delhi District Court
Ms. Allied Neppon Ltd. vs . Atul Carries. on 10 September, 2012
Suit No. 1177/11/06
Ms. Allied Neppon Ltd. Vs. Atul Carries.
10.09.2012.
ORDER
1. This order of mine shall dispose of application u/s 151 CPC dated 17.05.2012 for permission to substitute and file fresh affidavit by way of evidence in place of evidence affidavit of former company secretary of the plaintiff's company.
2. It is stated in the present application that the evidence by way of affidavit of Sh. Pradeep Mann, the then secretary of the plaintiff's company was filed and tendered in evidence but the said company secretary resigned from the company on 15.10.2008 and accordingly an application for substitution of AR was moved. Another application for substitution was also moved to substitute and appoint of AR Sh. Dinesh Sharma. The said application is at the stage of reply and arguments. That unfortunately, Sh. Dinesh Sharma has also resigned from the service and plaintiff company has by way of Board Resolution dated 24.12.2011 authorized Sh. Neeraj Singhal, Assistant Manager (Debtor Controller) to represent the company on legal matters. Therefore, the said Sh. Neeraj Singhal be allowed to file the fresh evidence by way of affidavit on behalf of the plaintiff company in place of earlier affidavit.
3. No written reply was filed on behalf of the defendant. Ld. Counsel for defendant objected to the present application stating that the substitution of AR cannot be done vide the present application as the witness cannot be substituted and only additional evidence has to be brought.
4. I have heard the arguments of both sides and perused the record.
5. The present application relates to the appointment of new AR of the plaintiff company and filing of his evidence by way of affidavit in place of the previous affidavit of Sh. Pradeep Mann. The reasons stated for the appointment of Sh. Neeraj Singhal to represent the company is that the earlier company secretary has resigned from the service. The present application is supported by affidavit and the extracts of the Minutes of the Executive Committee of the Board of Directors of the plaintiff company wherein the said Mr. Neeraj Singhal has been appointed as AR to represent the company in all legal matters. Thus on the basis of the reason as stated on behalf of the plaintiff, the present application is hereby allowed.
(PRANJAL ANEJA) CIVIL JUDGE-06, NORTH THC/DELHI/10.09.2012 Suit No. 1177/11 M/s Allied Neppon Ltd. Vs. M/s Atul Carries.
10.09.2012 Present: None.
Vide my separate order of even date, the application u/s 151 CPC dated 17.05.2012 has been allowed.
Plaintiff is directed to file evidence by way of affidavit. Copy of the same be supplied to the defendant at least 10 days prior to the next date of hearing.
Now to come up for PE on 17.10.2012.
(PRANJAL ANEJA) CIVIL JUDGE-06, NORTH THC/DELHI/10.09.2012