YOGESH CHAWLA Vs. HAWKINS COOKERS LTD

JUDGEMENT

(1.) Admit.

(2.) With the consent of the parties the appeal is taken up for disposal.

(3.) The appellant has filed this appeal against the impugned order and judgment of the learned Single Judge dated 2nd July, 2007 whereby the learned Single Judge dismissed the application of the appellant for amendment of the written statement under Order VI Rule 17 CPC being I.A. No.4480/2007 in civil suit (OS) No.2020/2002. The said application has been dismissed with costs of Rs. 10,000/-. Mr. Shailen Bhatia learned counsel for the appellant submits that even though the appellant had earlier relied on Vogal Media International GmbH v. Jasu Shah, 2005 (30) PTC 51 (Del.), reference to the same is of no consequence now since the suit had been transferred to this Court pursuant to the application moved by the respondent for enhancement in the pecuniary jurisdiction of the suit and the court exercising power under Section 24 of CPC to transfer the same to the High court. Learned counsel submits that the learned Single Judge had taken an uncharitable view of the matter by holding that the appellant was adopting dilatory tactics and had delayed the progress of the suit by two years. He thus, refused the amendment to the written statement.