(1.) By means of this writ petition, the plaintiff petitioner challenges the orders of 8/4/2021 passed by the Commercial Court rejecting (a) an application purporting to be under Order VI Rule 17 of the Code of Civil Procedure, 1908 [Code], (b) an application under Order XIV Rule 5 and a similar application made by the petitioner for framing an additional issue in proceedings emanating from the counter claim filed by the defendant respondent.
(2.) It becomes pertinent to note that the petitioner had instituted a suit for permanent injunction as well as for recovery of business losses/damages, operational and financial cost, opportunity cost, repudiation and goodwill cost together with litigation fee. By an order of 4/2/2021, the Trial Judge framed the following issues: -
(3.) The petitioner thereafter moved an application seeking amendment of the reliefs claimed in the suit and in terms of that application sought the insertion of further reliefs claiming specific performance of an agreement dtd. 9/3/2019. The Commercial Court by the impugned order has held that no justification existed for granting the amendments as prayed for bearing in mind the fact that the relief of specific performance would amount to changing the nature and character of the suit itself. Additionally the Commercial Court rightly took into consideration the fact that the amendments were sought after the trial of the suit had commenced. Before the Court, it is further conceded that the aforesaid agreement was to remain effective till 31/3/2022 only. In view of the aforesaid, it is manifest and evident that the claim for specific performance of the agreement has, for all practical purposes, rendered infructuous.