ORDER

% 19.02.2024 I.A. 3911/2024 (under Order VI Rule 17 read with Section 151 of CPC for amendment of plaint)

1. Issue notice. Ms. Anju Agarwal, counsel for Defendant, accepts notice.

2. Ms. Agarwal states that she would like to file a reply to the present application, however, in the opinion of the Court, considering the technical nature of the amendments sought to be made through the present application, no reply is necessary. Accordingly, the Court has proceeded to hear the counsel for parties on the proposed amendments.

3. Mr. Nikhil Sharma, counsel for Plaintiff, states that on account of an inadvertent error on at the time of filing the plaint, the sales figures mentioned at Paragraphs No. 9 and 10 of the plaint are incorrect. Accordingly, he submits the amendments sought to be introduced by way of the instant application only seek to include the correct sales figures, which are purported to be in accordance with the figures mentioned in the affidavit dated 26th September, 2023.

4. Ms. Agarwal argues that these sales figures have been available with the Plaintiff from before filing of the plaint, yet incorrect figures were included in the original plaint. Moreover, she points out that the sales figures mentioned in the amended plaint do not match the aforenoted affidavit dated 26th September, 2023.

5. At this juncture, the Court is not considering the merits/ demerits of the proposed amendments. Having regard to the law relating to amendment of pleadings, in the opinion of the Court, the proposed amendments do not introduce any new cause of action or withdraw any admissions made in the plaint. Accordingly, the proposed amendments to the sales figures deserve to be taken on record.

However, the Court also finds merit in Ms. Agarwal’s contention that

6. the Plaintiff ought to have acted more promptly in rectifying this error on their part and this amendment would delay the proceedings. Thus, to balance the scales, the Court considers it appropriate to impose cost on the Plaintiff.

7. In view of the above, the present application is allowed and the amended plaint enclosed therewith is taken on record, subject to Plaintiff paying cost of INR 25,000/- in favour of the Defendant.

8. Let amended written statement to the amended plaint be filed within a period of 30 days from today.

9. With the above directions, the application is disposed of.

SANJEEV NARULA, J FEBRUARY 19, 2024 ab