Delhi High Court - Orders
Oravel Stays Private Limited vs Zostel Hospitality Private Limited & ... on 6 October, 2023
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 63/2018
ORAVEL STAYS PRIVATE LIMITED
.....Plaintiff
Through: Ms. Prerna Sharma, Adv.
versus
ZOSTEL HOSPITALITY PRIVATE LIMITED & ORS
.....Defendant
Through: Mr. Srishti Gupta, Adv.
CORAM:
JOINT REGISTRAR (JUDICIAL) SH. DEVENDER
KUMAR GARG (DHJS)
ORDER
% 06.10.2023 I.A. No.2202/2018 (by plaintiff u/O XXXIX Rule 1 & 2 CPC)
1. Pleadings in the captioned IA are already complete. CS(OS) 63/2018
2. Perusal of the record would show that separate written statements were filed on behalf of the defendant no.1, defendant no.2, defendant no.6 and defendant no.9.
3. Perusal of record would further show that defendant no.3 as well as defendant no.5 have filed separate affidavits for adopting written statement filed by the defendant no.2.
4. Perusal of record would further show that defendant no.8 has also filed affidavit for adopting written statement filed by defendant no.6.
5. As per office noting, separate affidavits for adoption of written statement of defendant no.2 by defendant no.4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/10/2023 at 21:37:52 and by defendant no.7 were filed vide diary no.1715241 dated 18.9.2023 and diary no.1686125 dated 14.9.2023, respectively.
6. Ld. Counsel for defendants has handed over one cheque no.000838 dated 6.10.2023 for Rs.20,000/- drawn on HDFC Bank Ltd. issued in favour of the plaintiff to Ld. Counsel for plaintiff for payment of cost of Rs.5,000/- imposed upon each defendants no.4 & 7 vide order dated 03.08.2023 and cost of Rs.5,000/- imposed upon each defendants no.4 & 7 vide order dated 29.08.2023.
7. It is submitted on behalf of defendants no.4 & 7 that they do not wish to pursue diary no.1506643 dated 22.8.2023 with respect to filing of their written statement.
8. Perusal of record would show that separate affidavits of admission/denial of documents of plaintiff were already filed on behalf of all the defendants.
9. Perusal of record further indicates that replication to the written statement of defendant no.1 was already filed on behalf of the plaintiff and the plaintiff has already filed an affidavit for adoption of the aforesaid replication with respect to the remaining defendants.
10. Perusal of record further reveals that separate affidavits of admission/denial of documents of the defendants no.1 and 6, were already filed on behalf of the plaintiff.
11. It is submitted that since no documents have been filed on behalf of the remaining defendants, no affidavit of admission/denial is required to be filed by the plaintiff with respect to the remaining defendants.
12. Right of defendants to file affidavit of admission/ denial with respect to documents filed by the plaintiff alongwith This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/10/2023 at 21:37:52 replication was already closed vide order dt. 25.04.2023.
13. Pleadings in the suit are now complete.
14. Let Joint Document Schedule including its hard copy be filed at least two weeks before next date of hearing.
15. Both the parties shall file hard copies of their documents at least two weeks before next date of hearing.
16. Re-notify the matter for admission/denial of documents and further proceedings on 23rd January, 2023.
DEVENDER KUMAR GARG (DHJS) JOINT REGISTRAR (JUDICIAL) OCTOBER 6, 2023/v Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/10/2023 at 21:37:52