AXIS TRUSTEE SERVICES LIMITED Vs. BRIJ BHUSHAN SINGAL

JUDGEMENT

(1.) This application is filed by the plaintiff seeking rectification of the order dtd. 16/4/2021 by recalling the following part of the order:-

(2.) It is the case of the plaintiff that the present suit was filed for recovery of EUR 64,751,108.73 under Order 37 CPC read with Sec. 2(1)(C)(I) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 against defendant Nos. 1 and 2 on account of their failure to make payment in terms of an unconditional, and continuing guarantee dtd. 19/5/2011. It is further pleaded that the suit was taken up on 16/4/2021 when the defendant through counsel had entered appearance. During the hearing, this court was pleased to register the plaint as a summary suit and issued summons to the defendants. However, it is pleaded, inadvertently the aforesaid lines came up in the said order permitting defendant No.1 to file its written statement within 30 days. It is pleaded that the above direction is an inadvertent error/clerical error inasmuch as the suit had already been registered as a summary suit.

(3.) It is further pleaded that this court may correct the said inadvertent error/clerical error inasmuch as under Order 37 CPC, summons for judgment have to be issued against defendant No.1.