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Delhi High Court - Orders

Bafel Academy Pvt. Ltd vs Kumar Vaibhav & Ors on 7 December, 2023

                                    $~12
                                    *       IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +       CS(OS) 543/2023 & IA No. 16832/2023
                                            BAFEL ACADEMY PVT. LTD.                                                          ..... Plaintiff
                                                                                 Through:                 Mr. Adarsh Kumar Gupta,
                                                                                                          Adv. (through VC)

                                                                                 versus

                                            KUMAR VAIBHAV & ORS.                                                       ..... Defendants
                                                                                 Through:                 Mr. Sagar Chaturvedi,
                                                                                                          Adv. for D-1 (through VC)
                                                                                                          Mr. Mrinal Ojha, Mr.
                                                                                                          Debarshi Dutta, Ms. Tanya
                                                                                                          Chaudhary and Mr.
                                                                                                          Samyak Bilal, Advs. for
                                                                                                          D-2 and 2A
                                                                                                          None for D-3 to 13

                                            CORAM:
                                            JOINT REGISTRAR (JUDICIAL) MS. SHUCHI
                                            LALER (DHJS)
                                                         ORDER

% 07.12.2023

1. As per office note, defendant no.3 and 6 were served on 26.10.2023, defendant nos.7 and 12 were served on 14.11.2023, defendant no.9 was served on 31.10.2023.

2. Summon sent to defendant no.11 received unserved with the report that he has left the address. With respect to remaining defendants, service report is awaited. In the meantime, issue fresh summons of the suit and notice of the pending IA to defendant no.4, 5, 8, 10, 11 and 13 though all permissible modes on filing of PF returnable for the next date.

3. Written statement of defendant no.1 along with affidavit of admission/denial is on record. Written 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 13/12/2023 at 02:36:09 statement along with affidavit of admission/denial be filed by defendant no.2, 2A, 3, 6, 7, 9 and 12 within stipulated period. Replication be filed in terms of order dated 27.09.2023.

4. Re-notify the matter for appearance of defendant no.4, 5, 6, 8, 10, 11 and 13 and for completion of pleadings on the next date.

IA No. 16832/2023 u/O XXXIX R.1 & 2 CPC by plaintiff

5. Reply of defendant no.1 is on record. No reply has been filed by the remaining defendants. Learned counsel for defendant no.2 and 2A submits that they have complied with the interim order of the Hon'ble Court dated 27.09.2023. Reply be filed by remaining defendants within four weeks. Rejoinder be filed within two weeks thereafter.

6. List for completion of pleadings on the next date. IA No. 16833/2023 u/O II R.2 CPC by plaintiff

7. Learned counsel for defendant no.1 submit that the notice of captioned IA has not been issued. IA No. 16834/2023 u/s 151 CPC seeking liberty to file deficient court fees

8. Learned counsel for plaintiff submits that he has filed the deficient court fees vide diary no.1894407/2023 and the present application has become infructuous. In view of the submission made, the captioned IA is disposed off as infructous.

IA No. 16835/2023 seeking exemption from filing the certified copies and IA No. 168636/2023 seeking exemption from advance service 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 13/12/2023 at 02:36:09

9. The captioned IA has been disposed off by the Hon'ble Court on 27.09.2023. Registry shall take note of the same.

IA No. 20189/2023 u/O XXXIX R.4 CPC by defendant no.1

10. Reply is not on record. Learned counsel for plaintiff submits that he has filed the reply which is under scrutiny. He is requested to get the same placed on record.

11. Learned counsel for defendant no.1 submits that he has not been supplied with the copy of reply. Same be supplied within two weeks. Rejoinder be filed within two weeks thereafter.

12. List for completion of pleadings on 31.01.2024.

SHUCHI LALER (DHJS), JOINT REGISTRAR (JUDICIAL) At 3.57 pm At this stage, Mr.Nilanshu Khanna, learned counsel for defendant no.4 has appeared. He is apprised about today's order and next date of hearing.

SHUCHI LALER (DHJS), JOINT REGISTRAR (JUDICIAL) DECEMBER 7, 2023/cd 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 13/12/2023 at 02:36:09