Delhi High Court - Orders
Phillips 66 Company vs Raaj Unocal Lubricants Limited on 2 November, 2023
Author: Rekha Palli
Bench: Rekha Palli
$~40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 281/2022
PHILLIPS 66 COMPANY ..... Plaintiff
Through: Ms.Shwetasree Majumder with
Ms.Diva Arora, Ms.Priya Adlaksha, Mr.Rohan
Krishna Seth, Ms.Parkhi Rai, Advs.
versus
RAAJ UNOCAL LUBRICANTS LIMITED ..... Defendant
Through: Mr.Jayant Mehta, Sr.Adv. with
Mr.Kapil Wadhwa, Ms.Tejasvini Puri, Ms.Vasathi
Hariharan, Advs.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 02.11.2023 I.A. 21695/2023 -O-26, R-2&5. (P).
1. This is an application filed by the plaintiff under Order XXVI Rule 2 and 5 CPC.
2. Learned counsel for the plaintiff submits that since the date of travel of the plaintiff's witnesses is still not confirmed, she may be granted leave to withdraw the present application with liberty to move an appropriate application at a later stage.
3. The application stands dismissed as not pressed with liberty as prayed for.
I.A. 21696/2023 -Extn. of time.
4. This is an application filed by the plaintiff seeking further three weeks time to file evidence by way of affidavits.
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 04/11/2023 at 01:08:54
5. Issue notice. Learned counsel for the defendant accepts notice and submits that the defendant has no objection to the present application being allowed.
6. In the light of the aforesaid and for the reasons stated in the application, the same is allowed. Consequently, the time granted to the plaintiff for filing its affidavits of evidence is extended by a period of three weeks.
7. The application stands disposed of.
I.A. 21697/2023 -Dir.
8. This is an application filed by the plaintiff seeking the following reliefs:-
"a) Allow the present application and impose costs, including exemplary cost upon the Defendant for unduly denying the Plaintiff's documents listed in para 11 of this application, in contravention of the provisions of Order XI Rule 4 CPC;
b) Pass an order in favour of the Plaintiff waiving off the need to prove the documents listed in para 11 of this application;
c) Pass an order permitting the Plaintiff to exhibit the documents listed in para 11 of this application in its affidavit by way of evidence;
d) Any further order as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
9. After some arguments, learned counsel for the plaintiff seeks leave to withdraw the present application with liberty to file a fresh application with a prayer that certain official documents ought to be taken as admitted documents without the plaintiff being required to summon the concerned officers to prove these documents.
10.The application is, accordingly, dismissed as not pressed with liberty 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 04/11/2023 at 01:08:54 as prayed for. It is, however, made clear that as and when such a fresh application is moved, the same will be considered on its own merit. CS(COMM) 281/2022
11.Learned senior counsel for the defendant submits that though the defendant has already filed its list of witnesses, the same was filed beyond the time granted by this Court. He, therefore, prays that the delay in filing the list of witnesses by the defendant be condoned.
12.Learned counsel for the plaintiff has no objection to this request.
13.It is, accordingly, directed that the list of witnesses already filed by the defendant would not be rejected on the ground of the same having been filed beyond the prescribed timeline.
14.Taking into account that the plaintiff is being granted further three weeks time to file its affidavits of evidence, the next date fixed in the matter i.e., 09.11.2023 stands cancelled.
15.List before the learned Joint Registrar (Judicial) on 04.12.2023.
REKHA PALLI, J NOVEMBER 2, 2023 sr 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 04/11/2023 at 01:08:55