First American Data Tree Llc v. Competent Software Private Limited

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 554/2018 FIRST AMERICAN DATA TREE LLC ..... Plaintiff Through Mr.Anand Dayal & Mr.Anupam Roy, Advocates versus COMPETENT SOFTWARE PRIVATE LIMITED ..... Defendant Through Mr.Hardeep Singh Anand, advocate

CORAM:

SH. ANIL KUMAR (DHJS), JOINT REGISTRAR (JUDICIAL)

O R D E R

% 12.02.2019 IA no. 2176/19(filed by plaintiff u/s 151 CPC for condonation of delay in re-filing the application for amendment of plaint) It is stated in the IA that on enquiry from Registry plaintiff was informed that no objections were raised but on 4.12.19 it was informed by Hon'ble Court that application was not on record. On enquiry it was mentioned by Registry that there was an objection with respect to font size of application.

It is further stated that there is delay of 86 days in refiling the application. IA perused.

Considering the avernments made in the IA, the grounds taken by plaintiff appears to be plausible. Hence, the delay in re-filing the application for amendment of plaint is condoned. Accordingly the IA is allowed.

IA no.2175/19 (filed by plaintiff u/O VI R 17 r/w 151 CPC for amendment of plaint) Ld. counsel for defendant submits that he has no objection if the present IA is allowed.

In view of no objection, present IA is allowed. Amended plaint filed alongwith IA is taken on record. CS(OS) 554/2018 Let written statement to amended plaint be filed within three weeks with advance copy to opposite parties who shall be at liberty to file rejoinder within three weeks of receipt of copy of written statement.

List for completion of pleadings and admission & denial of documents on 15.4.19.

ANIL KUMAR (DHJS) JOINT REGISTRAR (JUDICIAL) FEBRUARY 12, 2019/gk