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General Trading Corporation & Anr v. M/S Vijay Construction & Anr

Court
High Court of Delhi
Decided
26 February 2015
Bench
Hima Kohliauthor
Case no.
CS(OS) 3183/2011

Judgment

order dated

11.12.2014 against proof of deposit/payment.

¶4List on 8th May, 2015.

rkb

CS(OS) 1849/2011

* + CS(OS) 1657/2014 and CC 14/2015

SANJAY SETHI & ORS

..... Plaintiffs

Through: Mr. Puneet Singh Bindra, Advocate

VIJAY SETHI

Through: Ms. Anita Sahani, Advocate

%

¶1Neither side has filed the original documents. As a result, vide order dated 23.02.2015, the learned Joint Registrar had concluded the admission and denial of documents. Counsels for the parties state that they may be granted further time to file their respective original documents.

¶2Last opportunity of three weeks' is granted to the parties to file their original documents in respect of the suit and the counter claim.

¶3List before the Joint Registrar for admission and denial of documents on 6th April, 2015.

¶4It is made clear that if either of the parties defaults in filing their original documents or does not conduct admission and denial of documents, then the order dated 24.02.2015 passed by the Joint Registrar shall be maintained. CS(OS) 1657/2014 and CC 14/2015

¶5List in Court on 31st August, 2015 for framing of issues.

¶6The parties shall exchange their respective issues proposed to be framed one week before the next date of hearing and produce the same in Court.

¶7At this stage, counsels for the parties have been asked if they are ready and willing to submit themselves to mediation to resolve their inter se disputes in respect of the partnership firm, M/s Sesons International, wherein the plaintiff No.1 and the defendant were partners.

¶8Counsels for the parties state that they may be permitted to obtain instructions in that regard.

¶8List in the category of 'Directions' for reporting instructions on 26th March, 2015. I.A. 10660/2014 (by the plaintiffs u/O XXXIX R 1 and 2 CPC)

¶1A reply to the application has been filed by the defendant. Rejoinder thereto has not been filed. Counsel for the plaintiffs states that he shall file the rejoinder within four weeks with a copy to the other side.

¶2List on the date fixed.

FEBRUARY 26, 2015/rkb

CS(OS) 1657/2014 and CC 14/2015

* + W.P.(C) 3361/1992

J. KHUSHALANI

..... Petitioner

Through: Petitioner in person.

BADARPUR THERMAL POWER STATION & ANR ..... Respondents

Through: Mr. J.C. Seth, Advocate

%

At the request of the counsel for the respondents, who states that there has been a bereavement in his family, list on 12th March, 2015.

rkb * + W.P.(C) 5243/2014

JITENDER YADAV ..... Petitioner

UNION OF INDIA & ORS. ..... Respondent

%

* + CS(OS) 673/2007

SH. RAJENDRA DORIAN PUNJ

SH. N.P. PUNJ AND ORS. DE+

%

* + CS(OS) 1771/2007

JAYANT GUPTA

LALA DIWAN CHAND TRUST

%

* + CS(OS) 1585/2008

YOGENDRA KUMAR MODI

M.K. MODI & ANOTHER

%

* + CS(OS) 91/2011

JAGMOHAN KHATRI & ANR

SHEELA DEVI & ANR

%

* + CS(OS) 1306/2011

VIKRAM BEHL

SUDHIR BEHL AND ORS

%

* + CS(OS) 1450/2011

IHHR HOSPITALITY (ANDHRA)PVT LTD

SEEMA SWAMI & ORS

%

* + CS(OS) 1466/2011

IHHR HOSPITALITY PVT LTD

SEEMA SWAMI & ORS

%

* + CS(OS) 1583/2011

MANJEET SINGH

RAJESH METHA

%

* + CS(OS) 2522/2011

M/S GE CAPITAL SERVICES INDIA

MAANU CT SCAN & ORS

%

* + CS(OS) 2772/2011

USHA SHARMA & ANR

RAVI KIRAN & ORS

%

* + CS(OS) 2302/2012

SACHIN VIJ

OM VIJ & OTHERS

%

* + CS(OS) 2829/2012

SANTOSH DEVI

TEJ PRATAP SINGH & ORS

%

* + CS(OS) 3171/2012

MANISH GUPTA

SHANTI SWARUP UPADHYAY & ANR

%

* + CS(OS) 1285/2013

ROSHANARA CLUB LTD

SHRI RAM LAL & OTHERS

%

* + CS(OS) 1875/2014

RAM KANWAR

RAJ SINGH

%

* + CS(OS) 2068/2014

KIDAR NATH GOYAL

RAM AVTAR GUPTA

%

* + CS(OS) 2239/2014

SUNITA

SUDESH & ORS

%

* + CS(OS) 2640/2014

FERRERO SPA & ORS

SUNNY CHOWRANI & ANR

%

* + CS(OS) 3141/2014

4LIFE TRADEMARKS LLC & ANR

AANCHAL JAIN & ORS

%

* + CS(OS) 3504/2014

M/S SKYLINK CONSTRUCTION PVT LTD

DEGAMBER SEN SAWHNY

%

* + CS(OS) 3998/2014

BIMLA & ORS

BRAHAM PRAKASH

%

* + CS(OS) 4037/2014

M/S INDEPENDENT NEWS SERVICES PVT LTD(INDIA TV)

CRAZI MOBAPPS AND ORS

%

* + EX.P. 314/2014

RAKESH KUMAR ..... Decree Holder

BIMLA DEVI & ORS ..... Judgement Debtor

%

* + CS(OS) 590/2006

SAUBHAGYA BHARGAVA

MUKUL P.BHARAGAVA AND ORS. AC+

%

* + CS(OS) 597/2008

MR. INDERJEET SINGH KHOKHAR

SHRI JASPAL SINGH KHOKHAR & ORS

%

* + CS(OS) 1451/2008

INDERPAL SINGH KHOKHAR

INDERJEET SINGH KHOKHAR

%

* + CS(OS) 2301/2009

BATA INDIA LIMITED

RELAXO FOOTWEAR LIMITED

%

* + CS(OS) 407/2010

INDERJIT SINGH KHOKHAR

JASPAL SINGH KHOKHAR AND ANOTHER

%

* + CS(OS) 590/2011

PRATEEK SINGH RATHORE

EASTERN MEDIKIT PVT LTD AND ORS

%

* + CS(OS) 138/2014

HINDUSTAN UNILEVER LIMITED

HARPREET KAUR KOCHAR & ORS

%

* + CS(OS) 782/2014

PFIZER PRODUCT INC & ANR

A.B GUPTA & ORS

%

* + CS(OS) 3259/2014

M/S HARBIR AGROTECH & ANR

VISHAL SINGH & ANR

%

* + CS(OS) 2074/2006

M/S PUNJ SONS(P) LTD. & ANR

SHRI RAJINDER DORIAN PUNJ DE+

%

* + CS(OS) 2507/2009

PRAVEEN KUMAR & ANR.

RAKSHI AGGARWAL & ORS. E+

%

* + CS(OS) 835/2010

SARJO DEVI

DHARAM PAL & ORS

%

* + CS(OS) 1237/2011

RAVI BISHNOI

M/S FOX MANDAL & CO AND OTHERS

%

* + CS(OS) 1940/2011

KAMLESH

DILBAGH SINGH AND OTHERS

%

* + CS(OS) 2094/2011

SAROJ KUMAR JHA

FOX MANDAL AND CO. AND ORS

%

* + CS(OS) 518/2015

NATIONAL BOARD OF EXAMINATIONS

KALAM BOOKS AND OTHERS

%

* + CS(OS) 522/2015

SHRI ASHOK DHAWAN

SHRI RAJENDER KU MAR DHUPER

%

* + CS(OS) 2573/2011

MUKESH SONDHI

RITA DEVI ALAM

%

* + CS(OS) 404/2015

KUL BHUSHAN AHUJA

LAKSHAY SACHDEVA & OTHERS

%

* + CS(OS) 430/2015

SANSKRITI VILLAS PVT. LTD

KASHMIRO DEVI

%

51.

None. I.A. No. As none is present for the applicant, in the interest of justice, list on 8th April, 2015.

Case details

Parties and counsel

* + CS(OS) 3183/2011 GENERAL TRADING CORPORATION & ANR ..... Plaintiffs Through: None M/S VIJAY CONSTRUCTION & ANR ..... Defendants Through: None % 1. The suit has been placed before the Court by the Joint Registrar, who has recorded in the order dated 10.02.2015 that the plaintiffs have not taken steps to effectively prosecute the present suit. 2. A perusal of the order sheets reveals that the defendants have not been served with the summons in the suit and the plaintiffs were granted repeated opportunities to file an application for substituted service on the defendants, but to no avail. Pertinently, the plaintiffs had not appeared before the Joint Registrar on the last date of hearing. Same is the position today. 3. It appears that the plaintiffs are not interested in prosecuting the present suit, which is accordingly dismissed in default and for non-prosecution. rkb * + CS(OS) 1821/2012 NEXUS DESIGN PROJECT PVT LTD Through: Mr. Sacchin Puri, Advocate with Mr. Khowaja Siddiqui, Mr. Mayank Wadhwa and Mr. Abhinav Dang, Advocates TRAVEL FOOD SERVICES(DELHI TERMINAL 3) PVT LTD & ANR ..... Defendants Through: Ms. Sureskha Raman, Advocate with Mr. Anuj Sarma, Advocate for D-1. Mr. S.S. Sastry, Advocate for D-2. % 1. On the last date of hearing, learned counsels for the parties had been asked if they were ready and willing to submit themselves to arbitration. 2. Counsel for the plaintiff was agreeable. However, counsels for the defendants No.1 and 2 had sought time to obtain instructions. 3. Today, learned counsel for the defendant No.2 states on instructions from his client that they are agreeable to arbitration. However, counsel for the defendant No.1 states that as per her CS(OS) 1821/2012 instructions, her clients are not inclined to submit themselves to arbitration for the reason that there is no arbitration clause governing the plaintiff and the defendant No.1. 4. In view of the aforesaid submission, list for arguments in I.A. 19195/2013, an application filed by the plaintiff under Order VI Rule 17 CPC, on 5th August, 2015. rkb CS(OS) 1821/2012 * + CS(OS) 1849/2011 M/S ASHISH SERVICES Through: Mr. Manish Kumar, Advocate SANJEEV GUPTA Through: Ms. Lakshi Gupta, wife of defendant in person. % I.A. 20487/2014 (by the defendant u/O XVIII R 17 CPC for recalling PW-1 for cross-examination) 1. On the last date of hearing, the defendant had appeared in person and sought an adjournment on the ground that the arguing counsel was not available. Subject to payment of costs of `15,000/- to be paid to the plaintiff, the application was adjourned for arguments for today. 2. Today, Ms. Lakshmi Gupta, wife of the defendant appears and states that her husband has met with an accident and has been hospitalised. She states that the counsel engaged by her husband is CS(OS) 1849/2011 not appearing as her husband has not cleared his fee. As for the costs imposed vide order dated 17.10.2014 and 11.12.2014, she is ignorant of the said orders but assures the Court that if granted some reasonable time, compliances shall be made. 3. Further period of four weeks' is granted to the defendant to deposit the costs of `2,000/- in terms of the order dated 17.10.2014 and pay the costs of `15,000/- to the plaintiff through counsel in terms of the

Source: High Court of Delhi, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.