MARBLE ART Vs. CHINA SHIPPING CONTAINER CO. LTD.

JUDGEMENT

(1.) THE plaintiff had filed the above mentioned suit for declaration and mandatory injunction and the same is pending before this Court.

(2.) BY way of present application being IA No. 8440/2003 filed under Order 6 Rule 17 CPC, the plaintiff is seeking to amend its claim in the main suit and include the prayer for damages also. The plaintiff claims that it has suffered damages to the tune of Rs. 27,07,618/ - on account of non -delivery of goods to it by the Defendants. Due to the said non -delivery, the plaintiff avers that it has been unable to execute orders received by its customers, which has resulted in the above stated losses.

(3.) THE plaintiff avers that para 19 of the Plaint relating to valuation may also be allowed to be amended and confines the relief of damages to Rs. 20,00,000/ - on which the requisite court fee of Rs. 21,864/ - has been affixed.