Delhi High Court - Orders
Fiitjee Ltd vs Alert Buildtech Pvt. Ltd. & Ors on 10 January, 2020
Author: Mukta Gupta
Bench: Mukta Gupta
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 314/2017
FIITJEE LTD. ..... Plaintiff
Represented by: Mr. Ravi Gupta, Sr. Adv. with Mr.
Mukesh Goel, Mr. Rahul Goyal, Mr.
Sachin, Advs.
versus
ALERT BUILDTECH PVT. LTD. & ORS ..... Defendant
Represented by: Mr. Anil K. Khaware, Mr. Virendra
Singh, Advs.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 10.01.2020 I.A. 212/2020 (u/O 14 R 5 CPC by D) 1. Notice. Learned counsel for the plaintiff/ non-applicant accepts notice.
2. Having heard learned counsel for the parties this Court finds that the issue No.(2) which was settled on 8th November, 2019 is required to be recast and five additional issues are required to be settled.
3. Since in the plaint the plaintiff has heavily relied upon the agreement dated 25th July, 2011 execution whereof is denied by the defendant, the onus to prove the agreement dated 25th July 2011 has to be on the plaintiff and not the defendant.
4. Consequently, issue No.(2) will now be read as under:
"2. Whether the purported agreement dated 25th July 2011 was duly executed between the plaintiff and the defendants? If not, the effect thereof? (OPP)"
CS(COMM) 314/2017 page 1 of 2
5. The five further issues are settled as under:
"6. Whether the suit amount of ₹60 crores was paid back at the instance of the plaintiff to Smt. Lata Goel and its affect? (OPD)
7. Whether the suit is barred by limitation? (OPD)
8. Whether the suit is not maintainable being devoid of any cause of action? (OPD)
9. Whether the suit is liable to be dismissed for non-joinder of necessary parties? (OPD)
10. Whether the suit has not been instituted properly in accordance with law and not verified properly? (OPD)"
6. Admission/ denial of documents is already over.
7. List of witnesses and evidence by way of affidavit of the plaintiff's witnesses will now be filed within three weeks.
8. List of witnesses and evidence by way of affidavit of the defendant's witnesses be now filed within four weeks thereafter.
9. List before the learned Joint Registrar for fixing the dates of trial on 7th February, 2020.
10. Application is disposed of.
MUKTA GUPTA, J.
JANUARY 10, 2020 'ga' CS(COMM) 314/2017 page 2 of 2