Delhi High Court - Orders
Shyam Jaju & Anr vs Saurabh Bhardwaj & Ors on 11 October, 2023
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 131/2023
SHYAM JAJU & ANR.
.....Plaintiff
Through: Mr. Aman Kumar Yadav with Ms.
Nidisha Garg, Advs. (E-mail ID:
[email protected] and
Mob. No. 9406951592).
versus
SAURABH BHARDWAJ & ORS.
.....Defendant
Through: Mr. Lokesh Bhardwaj, Advocate
for D-1.
Mr. Rishikesh Kumar & Mr. Sumit
Chaudhary, Advs. for D-2.
Mr. Mehak Nakra & Mohd. Asif,
Advs. for D-3.
Mr. Dhairya Gupta, Adv. for D-4
(through VC).
Mr. Abhishek Kumar, Advocate
for D-5 (through VC).
Mr. Vishesh Sharma, Adv. for D-7
(through VC).
Mr. Arijit Mazumdar with Ms.
Akanksha Kaushik, Advs. for D-8
(through VC).
Mr. Sahil, Adv. for D-10 (through
VC).
Mr. Bharat, Adv. for D-11.
Mr. Rishi Awasthi, Mr. Piyush
Vatsa, Mr. Avinash Ankit & Ms.
Prachi Raj, Advs. for D-12 (email
ID: [email protected])
(through VC).
Mr. Manish Shukla, Adv. for D-13
(through VC).
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 17/10/2023 at 13:38:01
Ms. Disha Sharma & Ms. Muskan
Gopal, Advs. for D-14.
Mr. Manish Kumar Shekhari &
Ms. Sanjana Srivastava, Advs. for
D-15.
Mr. Ankush Bhardwaj, Advocate
for D-16.
None for D-6 & D-9.
D-17 is yet to be served.
CORAM:
JOINT REGISTRAR (JUDICIAL) SH. DEVENDER
KUMAR GARG (DHJS)
ORDER
% 11.10.2023 IA No.19998/2023 (by defendant no.8 u/S 151 CPC for condonation of delay of 13 days in re-filing written statement);
IA No.20084/2023 (by defendant no.10 u/s 5 of Limitation Act r/w Section 151 CPC for condonation of delay of 51 days in filing written statement);
IA No.19962/2023 (by defendant no.14 u/O I Rule 10 r/w Section 151 CPC for deletion of name of defendant no.14 from array of parties);
IA No.19958/2023 (by defendant no.15 u/s 5 of Limitation Act r/w Section 151 CPC for condonation of delay of 26 days in filing written statement) & I.A. No.20000/2023 (by defendant no.15 u/O I Rule 10 r/w Section 151 CPC for deletion of name of defendant no.15 from array of parties)
1. Ld. Counsel for plaintiff accepts notice of the captioned IAs and seeks time to file reply to the same. The plaintiff may file reply to the captioned IAs within four weeks and rejoinder thereto be filed within two weeks thereafter. I.A. No. 17901/2023 (by defendant no.1 u/O VIII Rule 1 r/w Section 151 CPC and Section 4 of Limitation Act for seeking condonation of delay of 77 days in filing written statement) & 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 17/10/2023 at 13:38:01 I.A. No. 17902/2023 (by defendant no.1 u/S 151 CPC for seeking exemption from filing certified and types copies of documents)
2. No reply to the captioned IA has been filed on behalf of the plaintiff. Time sought. Let the same be filed within four weeks and rejoinder thereto be filed within two weeks thereafter.
I.A. No. 19437/2023 (by defendant no.2 u/O VIII Rule 1 r/w Section 151 CPC and Section 4 of the Limitation Act seeking condonation of delay of 27 days in filing written statement) & I.A. No. 19438/2023 (by defendant no.2 u/S 151 of CPC seeking exemption from filing certified and typed copies of documents)
3. No reply to the captioned IA has been filed on behalf of the plaintiff. Time sought. Let the same be filed within four weeks and rejoinder thereto be filed within two weeks thereafter.
IA No.19024/2023 (by defendant no.4 u/S 5 of Limitation Act r/w Order VIII Rule 1 of CPC seeking condonation of delay of 39 days in filing written statement)
4. No reply to the captioned IA has been filed on behalf of the plaintiff. Time sought. Let the same be filed within four weeks and rejoinder thereto be filed within two weeks thereafter.
I.A. No. 9695/2023 (by defendant no.10 u/O I Rule 10 r/w Section 151 of CPC seeking direction for striking out its name from array of parties)
5. No reply to the captioned IA was filed on behalf of the plaintiff. Time sought. Let the same be filed within four weeks and rejoinder thereto be filed within two weeks thereafter.
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 17/10/2023 at 13:38:02 I.A. No. 15761/2023 (by defendant no.11 u/O I Rule 10 r/w Section 151 of CPC for deletion of name of defendant no.11 from array of parties)
6. No reply to the captioned IA has been filed on behalf of the plaintiff. Time sought. Let the same be filed within four weeks and rejoinder thereto be filed within two weeks thereafter.
I.A. No. 9675/2023 (by defendant no.12 u/O I Rule 10 r/w Section 151 CPC for striking off its name from array of parties)
7. No reply to the captioned IA was filed on behalf of the plaintiff. Time sought. Let the same be filed within four weeks and rejoinder thereto be filed within two weeks thereafter.
I.A. No. 3786/2023 (by plaintiff u/O XXXIX Rules 1 & 2 of CPC)
8. Perusal of record shows that reply to the captioned IA was filed by defendant no.5 vide diary no.894449/2023 as well as vide diary no.1810957/2023. The defendant no.5 to clarify on next date why two replies has been filed.
9. Reply to the captioned IA was filed by defendant no.7 vide diary no.609737/2023.
10. Reply to the captioned IA was filed by defendant no.12 vide diary no.866562/2023. The same has been taken on record in view of order dated 18.05.2023.
11. Reply to the captioned IA was filed by defendant no.16 vide diary no.928151/2023.
12. The plaintiff may file rejoinder to the above said replies within four weeks.
13. No reply to the captioned IA has been filed on behalf of the remaining served defendants. Let same be filed within 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 17/10/2023 at 13:38:02 four weeks as last opportunity and rejoinder thereto be filed within two weeks thereafter.
14. Notice of the captioned IA issued to defendant no.17 has remained unserved.
15. At request, issue fresh notice of the captioned IA to the defendant no.17 through all permissible modes for next date of hearing, who may file reply to the captioned IA within four weeks from the date of service of notice and rejoinder thereto be filed within two weeks thereafter.
I.A. No. 3788/2023 (by plaintiff u/O II Rule 2 r/w Section 151 CPC)
16. No reply to the captioned IA has been filed on behalf of the defendants no.1 to 16. Let same be filed within four weeks as last opportunity and rejoinder thereto be filed within two weeks thereafter.
17. Notice of the captioned IA issued to defendant no.17 has remained unserved.
18. At request, issue fresh notice of the captioned IA to the defendant no.17 through all permissible modes for next date of hearing, who may file reply to the captioned IA within four weeks from the date of service of notice and rejoinder thereto be filed within two weeks thereafter. CS(OS) 131/2023
19. Adjournment slip has been received on behalf of the plaintiff with no objections on behalf of defendants no.1 to 4, 7, 9, 11 & 15.
20. Ld. Counsel for remaining defendants appearing today submit that they have no objection if matter is adjourned.
21. As per office noting, one CD with list of documents was filed on behalf of plaintiff vide diary no.369516/2023.
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 17/10/2023 at 13:38:02
22. Office noting further shows that separate vakalatnams have been filed on behalf of defendants no.1, 2, 4, 7, 8, 11, 14, 15 and 16.
23. Office noting further shows that written statement filed on behalf of defendant no.1 vide diary no.1696901/2023 was returned under objection. Let appropriate steps be taken as per law. IA No.17901/2023 seeking condonation of delay in filing written statement on behalf of defendant no.1 is pending for consideration.
24. Perusal of record reveals that documents with list of documents were filed on behalf of defendant no.1 vide diary no.1757161/2023.
25. Perusal of record also shows that written statement and affidavit of admission/denial of documents were filed on behalf of defendant no.2 vide diary no.1686285/2023 and 1686286/2023, respectively. However, IA no.19437/2023 seeking condonation of delay in filing written statement by defendant no.2 is pending for consideration.
26. Perusal of record reveals that documents with list of documents were also filed on behalf of defendant no.2 vide diary no.1686290.
27. Perusal of record also shows that written statement and affidavit of admission/denial of documents were filed on behalf of defendant no.4 vide diary no.1780441/2023 and 1780621/2023, respectively. However, IA no.19024/2023 seeking condonation of delay in filing written statement by defendant no.4 is pending for consideration.
28. Perusal of record reveals that written statement and affidavit of admission/denial of documents were filed on behalf of defendant no.5 vide diary nos. 894448/2023 and 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 17/10/2023 at 13:38:02 894447/2023, respectively and the same were taken on record vide order dated 31.7.2023 passed while disposing off IA No.12614/2023.
29. Office noting shows that written statement filed by the defendant no.5 vide diary no.1810941/2023 was returned under objection. Ld. Counsel for defendant no.5 to clarify on next date of hearing why another written statement has been filed.
30. Perusal of record further shows that another affidavit of admission/denial of documents was filed on behalf of the defendant no.5 vide diary no.1810953/2023. Ld. Counsel for defendant no.5 to clarify on next date of hearing why another affidavit of admission/denial has been filed.
31. No replication and affidavit of admission/denial has been filed on behalf of plaintiff qua defendant no.5.
32. Perusal of record reflects that written statement and affidavit of admission/denial of documents were filed by defendant no.6 vide diary no.1099452/2023.
33. The defendant no.6 has also filed documents with list of documents vide diary no.1099458/2023.
34. No replication and affidavit of admission/denial has been filed on behalf of plaintiff qua defendant no.6.
35. Perusal of record reflects that written statement and affidavit of admission/denial of documents were filed by defendant no.8 vide diary no.1459223/2023. IA no.19998 /2023 for condonation of delay in filing written statement is pending for consideration.
36. Office noting shows that written statement filed on behalf of the defendant no.10 vide diary no.1858142/2023 was returned under objection. Let appropriate steps be taken 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 17/10/2023 at 13:38:02 as per law. IA No.20084/2023 for condonation of delay in filing written statement by defendant no.10 is pending for consideration.
37. Documents with list of documents were also filed by the defendant no.10 vide diary no.1858181/2023.
38. Perusal of record further shows that written statement and affidavit of admission/denial of documents were filed by defendant no.11 vide diary no.1456001/2023 and same were taken on record vide order dated 21.08.2023 passed while disposing off IA No.15760/2023.
39. Documents with list of documents were also filed by the defendant no.11 vide diary no.1445662/2023.
40. No replication and affidavit of admission/denial has been filed by plaintiff qua defendant no.11.
41. Perusal of order dated 18.05.2023 would show that delay in filing written statement on behalf of defendant no.12 was condoned while disposing off IA No.9676/2023, but written statement and affidavit of admission/denial on behalf of defendant no.12 has not come on record till date. Let appropriate steps be taken as per law for getting the same placed on record.
42. Perusal of record shows that written statement and affidavit of admission/denial of documents were filed by defendant no.14 vide diary no.1008742/2023 and same were taken on record vide order dated 10.7.2023 passed while disposing off IA No.12186/2023.
43. No replication and affidavit of admission/denial has been filed by plaintiff qua defendant no.14.
44. Perusal of record shows that written statement and affidavit of admission/denial of documents were filed by 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 17/10/2023 at 13:38:02 the defendant no.15 vide diary no.1676741/2023 and 1799327/2023, respectively. IA No.19958/2023 seeking condonation of delay in filing written statement by the defendant no.15 is pending for consideration.
45. Perusal of record shows that written statement and affidavit of admission/denial of documents were filed by defendant no.16 vide diary no.928134/2023 and the same were taken on record vide order dated 10.7.2023 passed while disposing off IA No.10282/2023.
46. No replication and affidavit of admission/denial has been filed by the plaintiff qua defendant no.16.
47. As per office noting, summons sent to defendant no.17 has remained unserved.
48. No written statement and affidavit of admission/denial of documents has been file on behalf of defendants no.3, 7, 9 and 13.
49. The defendants no.3, 7, 9 and 13 may file their written statement and affidavit of admission/denial of documents as per law with advance copy to the plaintiff, who may file replication and affidavit of admission/denial of documents thereafter as per law.
50. At request, issue fresh summons of suit to the defendant no.17 through all permissible modes for next date of hearing.
51. The defendant no.17 may file written statement alongwith affidavit of admission/denial of documents as per law with advance copy to the opposite party, who may file replication alongwith affidavit of admission/denial of documents thereafter as per law.
52. Let the pleadings be completed as per law.
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 17/10/2023 at 13:38:02
53. It is submitted that separate applications for deletion of their names are pending on behalf of defendants no.10, 11, 14, 15 and 16.
54. Re-notify the matter for completion of pleadings and further proceedings on 30th November, 2023.
DEVENDER KUMAR GARG (DHJS) JOINT REGISTRAR (JUDICIAL) OCTOBER 11, 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 17/10/2023 at 13:38:02