KOTAK MAHINDRA BANK LTD. Vs. DAVINDER SINGH

JUDGEMENT

(1.) The present petition, invoked under Article 227 of the Constitution of India, invites the supervisory jurisdiction of this Court for examining the legality, propriety, and jurisdictional soundness of the order dtd. 11/11/2025 (Annexure P-5) passed by the learned Civil Judge (Junior Division), Amritsar. By the said order, the learned Trial Court has allowed the respondent/plaintiff to amend the plaint by taking recourse to the provisions of Order VI Rule 17 of the Code of Civil Procedure, 1908 (for short, 'CPC').

(2.) Succinctly stated, the respondent/plaintiff instituted a suit for declaration, seeking a pronouncement that the report of the Internal Committee is illegal, null and void, having been rendered in breach of the principles of natural justice. A further prayer for permanent injunction was sought to restrain the petitioners/defendants from effecting termination of the respondent's services on the strength of the said report during the pendency of the suit.

(3.) The petitioners filed a written statement contesting the suit and apprised the Court that the services of the respondent/plaintiff had already been terminated on 20/12/2021. It is the petitioners' assertion that the respondent/plaintiff was duly aware of the said termination; notwithstanding this, he chose to proceed with the suit as originally framed and subsequently moved an application for amendment of the plaint on 11/6/2024, purportedly with the sole intent of delaying the proceedings. Although the application was opposed by the petitioner, the learned Civil Judge proceeded to allow the same.