RAJEEV SURANA Vs. OCM INDIA LTD & ORS

JUDGEMENT

(1.) This is an application under Order 6 Rule 17 CPC which has been filed by the plaintiff, by which plaintiff primarily seeks to amend / incorporate paragraphs 25, 26 and 27 of the plaint to quantify the damages with regard to the entitlement of the plaintiff with respect to the shares and secondly the plaintiff wishes to include the relief of damages for loss of employment on account of the illegal and wrongful termination of the plaintiff.

(2.) At the outset, Mr.Yadav, counsel for the plaintiff has restricted his prayer with regard to the quantification of damages with respect to the shares. With respect to the second prayer so made for amendment, counsel for the plaintiff reserves his right to seek appropriate remedy as may be available to him in accordance with law.

(3.) Counsel for the plaintiff submits that the amendment sought is imperative for proper and effective adjudication of the case. He also submits that for the amendment with regard to quantification of the amount with regard to the shares, foundation has already been laid in the plaint and the amendment only quantifies the extent of amount sought to be recovered on account of non-allotment of 23,22,105 shares by the defendant no.1, company.