Utpal Das and Anr v. M/S Dona Builders Private Limited and 2 Ors

ORDER

15.03.2024

This is an application under Article 227 of the Constitution challenging the impugned order dated 12.07.2023 passed in Misc.(J) Case No.423/2022.

¶2A perusal of the impugned order dated 12.07.2023 reveals that an application was filed by the plaintiff seeking amendment of the plaint to the extent as mentioned in paragraph 2 of the said application.

¶3The respondents filed their written objections objecting to the amendment of the plaint. The learned trial court vide order dated 12.07.2023 allowed the said amendment with a cost of Rs.2000/- to be paid to the defendants.

¶4Being aggrieved, the instant proceeding has been initiated. This Court has duly taken note of the stage at which the said amendment application was filed i.e. at the stage after framing of the issues and at the time when steps were being taken in accordance with Order XVI of the Code. This Court having perused the impugned order is of the opinion that the learned trial court did not commit any jurisdictional error or any illegality in permitting the amendment, inasmuch as, a perusal of the said amendment reveals that the same are required for an effective adjudication of the suit.

¶5This Court however finds it very pertinent to observe that while allowing Page No.# 4/5 the amendment, the suit is relegated back to the stage of pleadings, thereby the defendants now has to again file additional pleadings and the suit has to proceed from that stage. Under such circumstances, the cost which has been imposed of Rs.2000/- in the opinion of this Court is neither adequate nor reasonable. This Court is of the opinion that the cost should have been at least realistic. In the opinion of this Court, the cost for allowing the amendment application is therefore increased to Rs.11,000/-.

¶6This Court further taking into account the above, vacates the order dated

02.08.2023 passed by this Court and directs the parties herein to appear before the learned trial court on 28.03.2024. On which date, the plaintiff shall file their amended plaint. Failing which, consequences in terms with Order XVI Rule 18 of the Code shall follow. Further to that, the plaintiffs shall also deposit the cost of Rs.11,000/- so enhanced herein, at the time of filing the amended plaint, which shall be a condition precedent for acceptance of the amended plaint.

¶7This Court further observes that the defendants shall be at liberty to file an application before the learned trial court for release of the said amount and the learned trial court shall pass appropriate orders thereupon.

¶8This revision petition accordingly stands disposed of.

JUDGE Page No.# 5/5 Comparing Assistant

PageoNo.#o1/5 GAHC010165252023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP(IO)/243/2023o UTPALoDASoANDoANRo S/O-oLATEoBHRIGUoMALLAoDAS,o RESIDENToOFoDONAoRESIDENCY,o VIPoROAD,oSIXoMILE,o P.S.-oDISPUR,oGUWAHATI,o P.O.-oKHANAPARA,oPIN-o781022,o DISTRICT-oKAMRUP(M),oASSAM. 2:oDR.oSWARGAoJYOTIoDAS oWIFEoOFoSRIoUTPALoDAS o RESIDENToOFoDONAoRESIDENCY o VIPoROAD oSIXoMILE o P.S.-oDISPUR oGUWAHATI o P.O.-oKHANAPARA oPIN-o781022 o DISTRICT-oKAMRUP(M) oASSAMo VERSUSo M/SoDONAoBUILDERSoPRIVATEoLIMITEDoANDo2oORSo AoPRIVATEoLIMITEDoCOMPANYoINCORPORATEDoANDoREGISTEREDo UNDERoTHEoPROVISIONSoOFoTHEoINDIANoCOMPANIESoACT,o1956,o HAVINGoITSoREGISTEREDoOFFICEoATo108,oSHIV-ASHISH,o66-oS.V.oROAD,o ANDHERIo(WEST),oMUMBAI-o400058o ANDoLOCALoADDRESSoAToFLAToNO.o101,o DONAoTOWERS,oG.S.oROAD,o(1SToFLOOR),o Page No.# 2/5 P.S. BHANGAGARH, P.O.- CHRISTIAN BASTI, PIN- 781005, DISTRICT- KAMRUP(METRO), ASSAM. 2:ABANI DAS SON OF LATE SARBESHWAR DAS MANAGING DIRECTOR OF M/S DONA BUILDERS PRIVATE LIMITED. RESIDENT OF FLAT NO. 901 DONA TOWERS G.S. ROAD (1ST FLOOR) P.S.- BHANGAGARH P.O.- CHRISTIAN BASTI PIN- 781005 DISTRICT- KAMRUP(METRO) ASSAM. 3:SAAHIL ABANI DAS SON OF SRI ABANI DAS RESIDENT OF FLAT NO. 901 DONA TOWERS G.S. ROAD (1ST FLOOR) P.S.- BHANGAGARH P.O.- CHRISTIAN BASTI PIN- 781005 DISTRICT- KAMRUP(METRO) ASSAM Advocate for the Petitioner : MR G RAHUL Advocate for the Respondent : MR. R ALI (r-1 TO 3) BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH Page No.# 3/5