Delhi High Court - Orders
M/S Omce Jordan vs Rayalseema Commodities Ltd. & Ors on 17 October, 2023
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 1719/2009, I.A. 12511/2023
M/S OMCE JORDAN ..... Plaintiff
Through: Mr. S. Sharma, Mr. Saraswata Mohapatra,
Advs. (Through VC)
versus
RAYALSEEMA COMMODITIES LTD. & ORS. ..... Defendant
Through: Mr. Rahul Mahotra, Adv. for D-2.
Mr. Abhishek Chouhan, Ms. Shairo Katoch &
Ms. Aathira Pillai, Advs. for D-3.
CORAM:
JOINT REGISTRAR (JUDICIAL) MS. TYAGITA SINGH, (DHJS)
ORDER
% 17.10.2023 Matter is taken up through physical hearing as well as video conferencing.
As per file noting, Joint Document Schedule has been filed by plaintiff but it has been returned under objection. Ld. Counsel for plaintiff has stated that counsel for defendants have not signed the Joint Document Schedule due to which objection has been raised by the Registry.
Ld. Counsel for defendant no.1 has stated that he is counsel for Official Liquidator of defendant no.1 company and he cannot admit/deny the documents on behalf of defendant no.1 as the case of dissolution of company is pending before Hon'ble High Court of Madras.
Ld. Counsel for defendant no.1 is directed to verify the affidavit of admission/denial filed by defendant no.1 in support of its Written Statement and to sign the Joint Document Schedule accordingly.
All the counsels for defendants are directed to sign the Joint Document Schedule, after verification of the same vis-a-vis affidavit of admission/denial already filed on record by the defendants.
CS(OS) 1719/2009 Page 1 of 2This 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 20/10/2023 at 22:26:12 Objections raised by the Registry be removed within three weeks so that Joint Document Schedule comes on record.
I.A. 12511/2023 (Application u/s. 151 CPC filed by plaintiff for streamlining the record of the present case) Notice accepted. Copy of application be supplied to Ld. Counsel for defendants by way of e-mail.
Ld. Counsel for plaintiff has stated that he has filed hard copy of pleadings and documents on record running into 587 pages. Perusal of Part IIIA of the physical file reveals that the said compilation filed by plaintiff does not seem to contain the hard copy of Written Statements and affidavits of admission/denial of defendants.
Ld. Counsels for parties are directed to inspect the file and to place on record the hard copies of pleadings and documents left to be filed, within four weeks. Ld. Counsels for defendants are directed to co-operate with the counsel for plaintiffs for recreation of the case file as the previous file had already been destroyed in this case.
As per file noting, Vakalatnama filed on behalf of Official Liquidator of defendant no.1 has come on record. Amended Memo of parties has also been filed by plaintiff. Copy be supplied to opposite counsels by way of e-mail.
Ld. Counsel for plaintiff is directed to file the index as well as hard copy of index to be annexed with hard copy of documents filed on record. Concerned official of Registry is directed to complete the file in all respects.
Be fixed for admission/denial and marking of exhibits as last opportunity to the parties on 20.12.2023.
TYAGITA SINGH, (DHJS), JOINT REGISTRAR (JUDICIAL) OCTOBER 17, 2023/sm CS(OS) 1719/2009 Page 2 of 2 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 20/10/2023 at 22:26:12