Delhi High Court - Orders
M/S Aamazone Exports Llp vs Sh. Jagdish Tytler on 8 November, 2023
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 714/2023
M/S AAMAZONE EXPORTS LLP ..... Plaintiff
Through: Mr. Anupam Srivastava and Ms.
Sarita Pandey, Advocates.
versus
SH. JAGDISH TYTLER ..... Defendant
Through: None.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 08.11.2023 I.A. 22079/2023
1. Allowed, subject to all just exceptions.
2. The application is disposed of.
CS(OS) 714/2023
1. Matter received on transfer.
2. Learned counsel for the plaintiff submits that present suit has been transferred as another suit being CS (OS) 615/2023 filed by the plaintiff with respect to same khasra number and is pending consideration wherein notice has been issued. It is further submitted that the said suit is coming up before Joint Registrar on 07.02.2024.
3. Let the plaint be registered as suit.
4. Summons be issued to the defendant by all permissible modes, which shall indicate that the written statements must be filed within thirty days from the date of receipt of the summons.
This is a digitally signed order.
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5. The defendant is directed to file affidavit of admission/denial against the documents filed by the plaintiff, failing which the written statement shall not be taken on record.
6. The plaintiff is at liberty to file replications thereto within fifteen days of filing of the written statements, which shall be accompanied by affidavits of admission/denial, in respect of the documents filed by the defendant, failing which the replications shall not be taken on record.
7. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.
8. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.
9. List before the Joint Registrar on 07.02.2024 along with CS (OS) 615/2023.
I.A. 22078/2023 (under Order XXXIX Rules 1 & 2)
1. Plaintiff claims to be the owner of the subject property bearing No. F- 8, Pushpanjali, Ansal Farms, Bijwasan, New Delhi- 110061. Plaintiff further claims that the defendant was permitted to use the said property for rent free accommodation vide MOU dated 05.03.2018. It is further claimed that as per TDS and AIS reports, certain amounts have been deposited in the plaintiff's account unauthorisedly by a third person leading to the apprehension that at the behest of defendant, third party rights may be created in the said property.
2. On a prima facie consideration of facts and materials placed on record, this Court is of the opinion that the plaintiff has made out a case for ex parte ad-interim orders. The balance of convenience lies in favour of the plaintiff, and there is likelihood of irreparable injury being caused to the This is a digitally signed order.
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3. In view of the above, the parties are directed to maintain status quo as to title and possession of the suit property till the next date of hearing.
4. Reply to the application be filed within four weeks. Rejoinder thereto, if any, be filed within three weeks thereafter.
5. Provisions of Order XXXIX Rule 3 of the Code of Civil Procedure, 1908 be complied with within one week.
6. List on the above-mentioned date.
MANOJ KUMAR OHRI, J NOVEMBER 8, 2023 ga 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 11/11/2023 at 02:42:22