KASHYAPI INFRASTRUCTURE PVT. LTD. AND ANR vs K.D.K. ENTERPRISES PVT. LTD.AND ANR

Judgment text excerpt

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 15th April, 2025 + CM(M) 2942/2024 & CM APPL. 39887/2024 KASHYAPI INFRASTRUCTURE PVT. LTD. AND ANR .....Petitioner Through: Mr. Sanjeev Agarwal and Mr. Ekansh Agarwal, Advocates. versus K.D.K. ENTERPRISES PVT. LTD.AND ANR .....Respondent Through: Mr. Hashmat Nabi, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. A very short point is involved in the present matter. 2. The petitioners herein are defending a suit for recovery and they are aggrieved by order dated 13.05.2024 whereby one application seeking amendment in the plaint was allowed by the learned Trial Court, without hearing them. 3. Mr. Hashmat Nabi, learned counsel for respondent/plaintiff, appears through video-conferencing and admits the abovesaid scenario. 4. He submits that he would have no objection if the learned Trial Court is requested to hear the arguments afresh on such application, after giving due opportunity of hearing to the other side i.e. defendant also. 5. The matter is stated to be scheduled for further hearing before the learned Trial Court on 30.04.2025. 6. The Court has also gone through the impugned order dated 13.05.2024 Signature Not Verified Digitally Signed CM(M) 2942/2024 1 By:SONIA THAPLIYAL Signing Date:16.04.2025 17:59:28 and it is quite apparent that the application was allowed, without hearing the other side on the premise that the amendment was formal in nature. 7. Be that as it may, in view of the concession given by the learned counsel for respondent/plaintiff, the present petition is allowed and, resultantly, the order dated 13.05.2024, to the extent it allows the amendment application, is set aside and learned Trial Court is requested to hear arguments from both the sides on said appl