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2026 DAILYLAW 381 (GAU)

APRAAVA ENERGY PRIVATE LIMITED v. MS SUMOTECH INNOVATION PVT LTD

I.A.(Civil)/384/2026 · 2026-02-16

Devashis Baruah

body2026

Judgment text

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Page No.# 1/3 GAHC010206722025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/384/2026 APRAAVA ENERGY PRIVATE LIMITED A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956.HAVING ITS OFFICE AT 7TH FLOOR FULCRUM SAHAR ROAD ANDHERI EAST MUMBAI-400099 MAHARASHTRA. VERSUS MS SUMOTECH INNOVATION PVT LTD A PRIVATE LTD. COMPANY INCORPORATED UNDER THE COMAPNIES ACT 1956 HAVING ITS REGD. OFFICE AT 602 WING B DLH METRO VIEW PLOT 195 PT J.P ROAD OPPOSITE SHANKAR NAGAR ANDHERI (WEST) P.O.- MUMBAI MAHARASHTRA-400058 REPRESENTED BY ITS DIRECTOR SRI GANESH SWAMY S/O LATE ANGU SWAMI For the Petitioner(s) : Mr. D. Gupta, Advocate For the Respondent(s) : Mr. S. C. Biswas, SC, APDCL Mr. B. J. Mukherjee, Advocate Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 17.02.2026 This is an application filed under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, 1908 seeking amendment to the counterclaim filed by the petitioner by the counter claimant. 2. Mr. B. J. Mukherjee, the learned counsel who appears on behalf of the plaintiff submits that he has no objections to the instant application. 3. This Court has also taken note of that in pursuance to the counterclaim so filed by the counter claimant, the plaintiff is yet to file the written statement. In addition to that, the reliefs which are sought to be inserted by way of the present amendment application, in the opinion of this Court, is consequential to the reliefs which is prayed for in the counterclaim and the same are necessary for adjudication of the dispute involved in the present proceedings. 4. Accordingly, this Court therefore allows the instant application thereby permitting the amendment as sought for at Page No.# 3/3 paragraph No.6 of the instant application. 5. The counter claimant is given 14 days time to file the amended counterclaim and failure to do so, consequences under Order VI Rule 18 of the Code of Civil Procedure, 1908 shall follow. JUDGE Comparing Assistant