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2024 Supreme(Del) 511

SHALINDER KAUR
Ganpati Industries – Appellant
Versus
Spp Food Products Pvt. Ltd – Respondent


Advocates appeared:
Mr. Akshit Sachdeva and Ms. Shreya Gupta, Advocates, for the Petitioner; Mr. Bharat Arora, Advocate, for the Respondent

JUDGMENT

Shalinder Kaur, J. - The petitioner has invoked the supervisory jurisdiction of this Court under Article 227 of the Constitution of India directed against the impugned order dated 04.09.2023 passed by the Learned Additional District Judge-11, Central District, Tis Hazari Courts, New Delhi (hereinafter referred to as "Trial Court") in CS DJ 613082/2016, titled as 'M/s S.P.P Food Products Pvt. Ltd vs. M/s Ganpati Industries & Anr.' whereby the learned Trial Court allowed the application filed by the respondent under Order VI Rule 17 of the Civil Procedure Code, 1908 (hereinafter referred to as "CPC") for amendment of the plaint. The petitioner herein is defendant no. 1 before the learned Trial Court and the respondent is the plaintiff who has instituted a suit for recovery of Rs. 5,92,281/- along with interest under Order XXXVII of CPC.

2. The relevant facts for the purpose of adjudication of the present case are that M/s Ganpati Industries/petitioner herein is a firm which was allegedly managed and controlled by Mr. Pawan Jain and Mr. Pankaj Jain with its registered office at F-13, Ganpati Plaza, Sector-7, Sikandra, Agra. On the other hand, S.P.P Food Products Pvt. Ltd/respon

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