Delhi High Court
Iwan Postel & Another. vs Appstudioz Technologies Pvt. Ltd on 21 April, 2015
Author: Hima Kohli
26
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 460/2015
IWAN POSTEL & ANOTHER. .... Plaintiffs
Through Mr.Ashim Sood and
Mr.Shikhar Srivastava, Advocates
versus
APPSTUDIOZ TECHNOLOGIES PVT. LTD. .... Defendant
Through
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 21.04.2015
I.A. 7181/2015 (by the plaintiff u/O VI R 17 CPC)
1. The present application has been filed by the plaintiffs praying
inter alia for permission to amend the plaint.
2. Pertinently, the suit is at the stage of admission and the same
has yet to be registered. Earlier hereto, the plaintiffs had filed an
application for seeking amendments to the plaint(IA No.5983/2015).
However, on 23.3.3015, learned counsel for the plaintiffs had sought
leave to withdraw the said application with liberty to file a fresh
application with all the necessary details of the proposed amendments.
Leave, as prayed for, was granted and the said application was
dismissed as withdrawn.
3. By the present application, the plaintiffs seek extensive
amendments in the plaint and propose to delete paras 12 to 16, 21,
22, 34, 35, 38, 40-88, 92, 94 to 97 and prayers (a), (b), (d) & (f) to
(i), as detailed in Annexure A to the application.
4. Learned counsel for the plaintiffs states that the aforesaid
deletions proposed by the plaintiffs are in respect of the extracts of
various clauses of the contract governing the parties as a summary of
the relevant clauses of the contract and the correspondence
exchanged between the parties, have already been filed by the
plaintiffs along with the list of documents. He states that instead of
reproducing the relevant clauses/correspondence exchanged between
the parties in the body of the plaint, the plaintiffs may be permitted to
refer to the documents filed in support of the plaint, while seeking
leave to delete the aforesaid paras.
5. Further, the plaintiffs seek permission to make additions in paras
11-15, 21, 26, 35, 38, 39-54, 58, 60-64, apart from the addition of
proposed prayer clauses (a), (b), (c), (f), (g) and (h), as detailed in
Annexure B to the application. Learned counsel submits that the
additional averments sought to be incorporated in the proposed paras
mentioned hereinabove, are substantive in nature and have been
added to give a gist of the contract and the correspondence exchanged
between the parties.
6. In addition to the aforesaid amendments prayed for and set out
in Annexures A & B to the present application, the plaintiffs seek
permission to carry out amendments in the plaint for rectifying
grammatical errors that have crept in the plaint and other
consequential amendments, including in the title of the suit.
Amendments are proposed in paras 1-3, 5-8, 10, 11, 15, 17-20, 23-
33, 36, 37, 39, 89-91,93 and prayer clauses (c) & (e) of the plaint as
detailed in Annexure C to the application.
7. Having regard to the fact that the suit is at the initial stage of
admission and has yet to be registered, permission is granted to the
plaintiffs to undertake the amendments as proposed in the present
application and set out in Annexures A, B & C enclosed therewith. The
proposed amended plaint enclosed with the application as Annexure D
to the present application, is taken on record.
8. The application is disposed of. The Registry is directed to place
the amended plaint in Part-I file.
CS(OS) 460/2015
List for consideration on 19.5.2015.
HIMA KOHLI, J
APRIL 21, 2015/mk
