SHANKER STEEL SUPPLIER Vs. RAMPUR ENGINEERING COMPANY LIMITED

JUDGEMENT

(1.) The present writ petition has been filed assailing the order dtd. 1/9/2023 passed by the learned Commercial Court No. 2, Jaipur Metropolitan-II in Civil Suit No. 94/2023 (CIS No. 122/2020), whereby the application filed by the plaintiff-petitioner under Order VI Rule 17 read with Sec. 151 CPC seeking amendment of the plaint has been rejected.

(2.) The controversy in a narrow compass is that the plaintiff-petitioner instituted a summary suit on 22/1/2020 against the defendant-respondent for recovery of a sum of Rs.1,16,99,746.00, inclusive of interest at the rate of 24%, arising out of the supply of goods.

(3.) Upon service of summons, the defendant-respondent filed his written statement, denying the averments made in the plaint and contending, inter alia, that the goods supplied by the plaintiff were not of the requisite quality, due to which the same were returned and the payment was adjusted. Subsequently, the plaintiff-petitioner filed a rejoinder, controverting the stand taken by the defendant-respondent.