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SUBHASH CHAND
City Alloys Private Limited – Appellant
Versus
Hari Om and Co. – Respondent
JUDGMENT
On behalf of petitioners the learned counsel Mr. Jitendra Kumar Pasari is present.
2. In view of the service report, it is found that the notice of sole opposite party was received by his brother. As such, the service of notice to opposite party is deemed sufficient.
3. No one appears on behalf of opposite party despite deemed service of notice to him.
4. This CMP has been filed against the order dated 18.03.2024 passed in Commercial Suit No. 30 of 2022 by the learned court of Civil Judge (Sr. Division)-I, Jamshedpur wherein the learned court below has allowed the petition of plaintiff/respondent filed under Order VI Rule 17 of CPC and further rejected the application under Order-XIII-A filed on behalf of petitioners/defendants.
5. Learned counsel for the petitioner has submitted that Commercial Suit No. 30 of 2022 is pending in the court of Civil Judge (Sr. Division)-I cum Special Judge, Commercial Court at Jamshedpur (M/s Hari Om and Company vs. M/s City Alloys Pvt. Ltd. & Ors.). The copy of this very plaint is annexed with this petition which is annexure no.1 and the written statement is also filed on behalf of the petitioner which is annexure no.2. In that very suit, th
(1) Amendment – It is the settled law that the amendment can be made in pleadings which includes plaint and written statement and in view of settled propositions of law the applications in any procee....
The court established that non-compliance with mandatory procedural requirements can be treated as a curable defect to prevent injustice in commercial litigation.
Without taking the avowed object of quick resolution of commercial disputes away from the 2015 Act, rules of procedure cannot be given precedence in a manner so as to defeat the substantive rights of....
The curable nature of procedural defects and the directory nature of procedural provisions under the CPC and the Commercial Courts Act, 2015.
The main legal point established is that the provisions of Order VI Rule 15-A of the CPC, as amended by the Commercial Courts Act, do not apply to execution proceedings arising from an arbitral award....
The defect of non-filing of the statement of truth in a plaint can be curable, and the court may allow the amendment under Order VI Rule 17 of CPC.
Section 15 of Act, 2015 deals with transfer of pending cases.
Courts should allow amendments to pleadings post-commencement of trial if necessary for proper adjudication, and not penalize litigants for counsel's inadvertence.
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