Delhi High Court - Orders
Jasmeet Singh Marwah vs Nuway Organic Naturals India Ltd & ... on 18 May, 2022
Author: Amit Bansal
Bench: Amit Bansal
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 1948/2015
JASMEET SINGH MARWAH ..... Plaintiff
Through: Mr. M. Dutta and Mr. N. Kumar,
Advocates.
versus
NUWAY ORGANIC NATURALS
INDIA LTD & OTHERS ..... Defendants
Through: Ms. Stuti Jain, Advocate for D-1 and
D-2.
Mr. Divyam Nandrajog, Panel
Counsel for GNCTD with Mr. Jasneet
Jolly and Ms. Vimal Sachdeva,
Advocates for D-5/Sub-Registrar V.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 18.05.2022
1. On the basis of the pleadings of the parties, following issues are framed:
I. Whether the plaintiff is entitled to a declaratory decree, declaring Sale Deed bearing No. 5579 in additional book no.1, volume-1530, pages-24-31 dated 2nd December, 1998 for the subject/suit premises comprising of agricultural land admeasuring 9 Bighas, 3 Biswas, forming part of Khasra No. 1364(4-7) and 1365(4-16), Village Chattarpur, Mehrauli, New Delhi as illegal, void, forged and fabricated? OPP II. Whether the entries pertaining to the aforesaid Sale Deed, made Signature Not Verified Digitally Signed By:AMIT BANSAL Signing Date:20.05.2022 12:21:58 in the original Book-B Peshi Register, maintained by the Sub- Registrar's Office, Sub-District-5, Chattarpur, Tehsil-Mehrauli, New Delhi, have been forged and fabricated by the Defendant(s) in collusion with each other? OPP III. Whether the aforesaid Sale Deed is liable to be cancelled? OPP IV. Whether the plaintiff is entitled to a decree of injunction, directing return of the original Title Deeds/Sale Deed dated 13th May, 1992, bearing registration No. 3661, Additional Book No.1, Volume No. 7370 at pages 126-140 from the defendant to the Plaintiff? OPP V. Whether the Plaintiff is entitled to a decree of eviction and the consequential relief of possession against the defendant from the subject/suit premises described above? OPP VI. Whether the suit filed by the plaintiff is barred by Limitation?
OPD VII. Whether the suit is liable to be dismissed for want of requisite Court fee? OPD VIII. Whether the plaintiff was in possession of the suit property at the time of filing the present suit? OPP IX. Whether a Sale Deed becomes non-est for non-registration of the document? OPD X. Whether the defendant no.1 is not the bona fide purchaser of the suit property? OPP XI. Whether the defendant no.1 and 2 unlawfully trespassed into the suit property? OPP XII. Whether the plaintiff repaid a sum of Rs.50,00,000/- to Signature Not Verified Digitally Signed By:AMIT BANSAL Signing Date:20.05.2022 12:21:58 Dilvinder Singh Narang in cash ? OPP XIII. Whether the plaintiff approached the widow of Dilvinder Singh Narang and the defendant no.2 and offered to pay the balance amount? OPP.
XIV. Relief.
2. No other issue arises or is pressed for.
3. Parties to file their list of witnesses within six weeks from today.
4. The plaintiff to file evidence by way of affidavit within six weeks.
5. The counsel for the plaintiff requests that a Local Commissioner be appointed by this Court, for the purpose of recording of evidence of the parties. The plaintiff is willing to bear the cost in this regard.
6. Accordingly, Ms. Saroj Bidawat (Mobile no. 9810340866) is appointed as Local Commissioner for recording the evidence of the parties.
7. In this regard, the following directions are being passed:
I. Fees of the Local Commissioner is initially fixed at Rs.1,00,000/-
plus out of pocket expenses, on the estimate that the recording of evidence will be concluded in eight sittings. II. If recording of evidence is not completed in eight sittings, an additional fee of Rs.15,000/- be paid to the Local Commissioner for each additional sitting, which shall be paid by the plaintiff. III. Fees of the Local Commissioner shall initially be paid by the plaintiff. However, the same shall be subject to the outcome of the suit.
IV. In case any adjournment is taken by one of the parties, the said party shall bear the costs of the said sitting. The Local Commissioner shall decide whether the adjournment is on account Signature Not Verified Digitally Signed By:AMIT BANSAL Signing Date:20.05.2022 12:21:58 of the party/parties.
V. The evidence shall be recorded by the Local Commissioner within the High Court precinct.
VI. In case of requirement of Court file, the Registry shall make the arrangements to send the Court file for the sitting before the Local Commissioner, and Rs.1,000/- is fixed towards the fees to be paid to the Court Staff to carry the Court file and the same shall be borne by the plaintiff.
VII. The Local Commissioner is requested to complete the recording of evidence in the suit within six months from the date the Local Commissioner holds the first sitting.
VIII. Counsels for the parties to approach the Local Commissioner on 30th May, 2022, for fixing dates for recording of evidence. IX. The Registry is directed to send a copy of this order to the Local Commissioner.
X. Parties shall render all assistance to the Local Commissioner for recording of evidence.
8. List before Joint Registrar on 14th January, 2023, for monitoring of recording of evidence.
I.A. 7495/2022 (of the defendant no. 1 and 2 u/O-X R-1 & 2 and O-XI R- 1 of CPC)
9. The present application has been filed on behalf of the defendants no.1 and 2, seeking direction to the plaintiff to answer interrogatories attached as a document to the present application.
10. Counsel for the plaintiff does not oppose the present application.
11. The application is allowed and the plaintiff is directed to answer the Signature Not Verified Digitally Signed By:AMIT BANSAL Signing Date:20.05.2022 12:21:58 aforesaid interrogatories on affidavit, in terms of Order XI Rules 8 and 9 of the Code of Civil Procedure, 1908 (CPC), within four weeks from today.
12. The application stands disposed of.
AMIT BANSAL, J.
MAY 18, 2022 sr Signature Not Verified Digitally Signed By:AMIT BANSAL Signing Date:20.05.2022 12:21:58