Delhi High Court - Orders
Educomp Solutions Limited vs Mr. B.D. Park & Ors on 1 August, 2024
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 109/2017 & I.A. 13035/2023
EDUCOMP SOLUTIONS LIMITED .....Plaintiff
Through: Mr. Aayush Agrawal, Adv. (Through
VC)
versus
MR. B.D. PARK & ORS. .....Defendants
Through: Mr. Saif Khan, Mr. Shobhit Agarwal
and Mr. Prajjwal Kushwaha, Advs.
for D-2.
M: 7791065506
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 01.08.2024
1. The present suit was restored to its original position on the last date of hearing. However, it was noted that the right of the plaintiff to lead evidence, already stood closed, vide order dated 19th September, 2019.
2. Learned counsel appearing for defendant no.2 submits that since the plaintiff has not led any evidence, the suit can be heard finally.
3. He points out to this Court, the order dated 08th September, 2017, wherein, the issues have been framed. He submits that the only issue qua the defendants, was issue number (iv), which reads as under:
"xxx xxx xxx
(iv) Whether the suit is bad for impleadment of defendant No.1 who is neither a necessary nor a proper party? OPD xxx xxx xxx"
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 03/08/2024 at 02:54:54
4. He submits that defendant no.1 was an employee of defendant no.2, who is not stationed in India. He, thus, submits that the matter can be heard finally, as the issue with respect to defendant, is only a formal issue.
5. At this stage, Mr. Aayush Agrawal, learned counsel appearing for the plaintiff submits that he does not have the complete paper book, and needs some time.
6. The plaintiff is at liberty to obtain a soft copy of the plaint and the documents, from the Court after applying for inspection.
7. Re-notify on 11th September, 2024.
MINI PUSHKARNA, J AUGUST 1, 2024/kr 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 03/08/2024 at 02:54:54