JUDGMENT :

SUDEEPTI SHARMA J.

1. Since both the revision petitions i.e. CR-5832-2024 and CR-5968-2024, are interconnected, therefore, both the revision petitions are decided by this common judgment.

2. Challenge in the present revision petition is to order dated 16.08.2024 passed by learned Additional District Judge-cum-Presiding Judge, Exclusive Commercial Court, Gurugram, exercising jurisdiction under the Commercial Courts Act, 2015, whereby two applications, i.e. application seeking permission to file replication along with additional documents and application under Section 151 of the Code of Civil Procedure, 1908 (for short, ‘CPC’) for rectification/modification of the application seeking leave to file replication moved on behalf of the respondent/plaintiff were allowed.

CR-5832-2024 (O&M)

3. Challenge in the present revision petition is to order dated 16.08.2024 passed by learned Additional District Judge-cum-Presiding Judge, Exclusive Commercial Court, Gurugram, exercising jurisdiction under the Commercial Courts Act, 2015, whereby application under Order XI Rule 1(c)(ii) and Rule 5 read with Section 151 CPC has been allowed.

BRIEF FACTS OF THE CASE

4. Brief facts of the case, as per pleadings, are that respondent- Trans Engineers India Private Limited is in the business of exporting, manufacturing, supplying quality and cost effective equipments and project services in India and is extensively known to inter alia provide turnkey solutions, detail engineering, electrical and instrumentation, installation, testing and commissioning of such projects.

5. Petitioner-Otsuka Chemicals (India) Pvt. Ltd. was incorporated in the year 2006 with an object to produce a chemical compound namely “GCLE”. Petitioner with the intent of expanding “GCLE” facilities and with the object to set up a GCLE manufacturing facility in India, approached the respondent/plaintiff in the year 2015 for setting up of a fully automatic DCS controlled plant at Kotpuli, Rajasthan (India).

6. Pursuant to several negotiations/discussions, the petitioner vide letter of intent dated 21.04.2016 engaged the respondent for consultancy job (for all disciplines) for the GCLE Expansion Project (“the Project”) against the agreed amount of Rs.3,00,00,000/- (Rupees Three Crores).

7. That upon the successful completion of the consultancy job of the Project by the respondent, the petitioner vide e-mail dated 02.05.2016, by way of a Letter of Intent (“LOI”) engaged respondent for manufacture, supply and installation of civil and structural work for expansion of a plant for “GCLE” production (a chemical compound) (“Project”) against a total consideration of Rs.28,00,00,000/- (Rupees Twenty Eight Crores).

8. On 27.05.2016, petitioner issued a Purchase Order to the respondent for Rs.28,00,00,000/- (Rupees Twenty Crores), pursuant to the Letter of Intent. (Purchase Order-1).

9. On 25.07.2017, respondent completed the work as per the Purchase Order, including various modifications/variations required in the interest of the Project.

10. On 17.01.2018, petitioner issued another Purchase Order to the respondent for manufacturing, supply, and installation of additional work for centrifuges area C and S Process structural steel and civil work. This Purchase Order was for an amount of Rs.1,10,07,912.58/- (Rupees One Crore Ten Lakh Seven Thousand Nine Hundred Twelve and Fifty Eight Paise). (Purchase Order-2).

11. On 15.02.2018, petitioner paid Rs.28,00,00,000/- (Rupees Twenty Eight Crores) to the respondent, as initially agreed under the Purchase Order.

12. On 21.02.2018 and 22.02.2018, respondent raised additional invoices on the petitioner, amounting to Rs.3,79,51,747/- (Rupees Three Crores Seventy Nine Lakh Fifty One Thousand Seven Hundred Forty Seven) in relation to Purchase Order-1. These invoices were for the additional work done by the respondent due to various variations/modifications/additions in the scope of work.

13. On 25.02.2018, petitioner admitted its liability to pay Rs.4,15,41,420/-