Delhi High Court - Orders
Jupiter Capital Private Limited vs K. R. Pradeep & Ors on 18 October, 2023
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 430/2021
JUPITER CAPITAL PRIVATE LIMITED
.....Plaintiff
Through: None.
versus
K. R. PRADEEP & ORS.
.....Defendant
Through: Mr. Nirnimesh Dubey, Advocate
for D-3.
Mr. Ashwin Kumar, Mr. Anshu
Bhanot & Mr. Anuj Mirdha, Advs.
for D-5.
Mr. Ankur S. Kulkarni, Adv. for
D-9.
Ms. Uditha Chakravarthy, Adv. for
D-11 & 23.
Mr. Hemant Gupta, Adv. for D-17
& 18 (Mobile No. 9811085066)
(through VC).
Ms. Mahima Sareen, Advocate for
D-27 (through VC)
Mr. Siddhanth Buxy, Advocate for
D-22 (Mob. No. 9650409751).
None for D-14 to 16 and 19 to 21
despite service.
D-1, 2, 4, 6, 7, 8, 10, 12 and 13 are
yet to be served.
Vide order dated 13.09.2021, only
defendants no.1 to 23 and 27 were
directed to be served and summons
were not issued to the defendants
no.24 to 26.
CORAM:
JOINT REGISTRAR (JUDICIAL) SH. DEVENDER
KUMAR GARG (DHJS)
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 00:17:28
ORDER
% 18.10.2023 I.A. 4127/2022 (u/O 8 Rule 1 CPC for condonation of delay in filing written statement by defendant no.27); I.A. 4135/2022 (u/S 151 CPC for condonation of delay in filing reply to interim application by defendant no.27); I.A. 4133/2022 (u/O 8 Rule 1 CPC for condonation of delay in filing written statement by defendant no.5) & I.A. 4180/2022 (u/O 8 Rule 1 CPC for condonation of delay in filing written statement by defendant no.9).
1. As per office noting, separate affidavits-in-replies to the captioned IAs filed by plaintiff vide diary nos. 1119184/ 2023, 1119186/2023, 1119185/2023 and 1119187/2023 all dated 14.07.2023 have now come on record.
2. Ld. Counsel for defendant no.27 submits that she has not received copy of the reply. Let the same be supplied within one week.
3. No rejoinder to the above said replies has been filed on behalf of applicants. Last opportunity is granted to the applicants for filing rejoinder within four weeks. I.A. 4134/2022 (u/O 1 Rule 10(2) CPC by defendant no.22 for deletion of his name from array of parties)
4. As per office noting, affidavit-in-reply to the captioned IA was filed on behalf of plaintiff vide diary no.1184854 dated 14.7.2023. The plaintiff has not paid the previous costs of Rs.5,000/- and Rs.3,000/- to the defendant no.22 till date. There is no appearance on behalf of the plaintiff. Let the costs be paid on or before next date of hearing.
5. Ld. Counsel for defendant no.22 submits that he has filed rejoinder to the above said reply vide diary no.1922282 dated 16.10.2023. However, the same does not find 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 00:17:28 mention in the office noting. Let appropriate steps be taken as per law.
6. At request, re-notify the captioned IA for completion of pleadings and arguments on next date of hearing. I.A.No.11706/2021 (by plaintiff u/O XXXIX Rules 1 & 2 CPC)
7. Reply to the captioned IA already filed on behalf of the defendant no.27. However, application for condonation of delay in filing reply to the captioned IA on behalf of defendant no.27 being IA No. 4135/2022 is pending for consideration.
8. Right of defendants no.3, 5, 9, 11, 17, 18, 22 and 23 to file reply to the captioned IA was closed vide order dated 06.07.2023.
9. As per office noting, notice of captioned IA was served upon defendants no.14 to 16 and 19 to 21, however, notice sent to defendants no.1, 2, 4, 6, 7, 8, 10, 12 & 13 has remained unserved.
10. No reply to the captioned IA has been filed by the served defendants i.e. defendants no.14 to 16 and 19 to 21. Let the same be filed within four weeks and rejoinder thereto be filed within two weeks thereafter.
11. On taking steps, issue fresh notice of the captioned IA to defendants no.1, 2, 4, 6, 7, 8, 10, 12 & 13 through all permissible modes for next date of hearing, who may file reply to the captioned IA within four weeks and rejoinder thereto be filed within two weeks thereafter. CS (COMM) 430/2021
12. Vide order dated 13.09.2021, only defendants no.1 to 23 and 27 were directed to be served and summons were not 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 00:17:28 issued to the defendants no.24 to 26.
13. As per office noting, vakalatnama was filed on behalf of the plaintiff on 1407.2023.
14. Separate written statements and affidavits of admission/ denial of documents already filed on behalf of defendants no.3, 5, 11, 17, 18, 22, 23 and 27.
15. Separate replications to written statements of defendant no.17 and defendant no.18 already filed on behalf of the plaintiff. It is submitted that no documents were filed on behalf of defendants no.17 and 18, therefore, there is no requirement of filing affidavit of admission/denial with respect to the said defendants.
16. No replication and affidavit of admission/denial qua the remaining defendants filed on behalf of the plaintiff.
17. Separate applications for condonation of delay in filing written statement are pending on behalf of defendant no.5, defendant no.9 and defendant no.27.
18. As per office noting, summons have been served upon defendants no.14 to 16 and 19 to 21, however, summons issued to defendants no.1, 2, 4, 6, 7, 8, 10, 12 & 13 have remained unserved.
19. No written statement and affidavit of admission/denial of documents has been filed on behalf of served defendants i.e. defendants no.14 to 16 and 19 to 21.
20. The served defendants i.e. defendants no.14 to 16 and 19 to 21 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 and affidavit of admission/denial of documents thereafter 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 20/10/2023 at 00:17:28
21. On taking steps, issue fresh summons to the unserved defendants i.e. defendants no.1, 2, 4, 6, 7, 8, 10, 12 & 13 through all permissible modes returnable on next date of hearing.
22. The defendants no.1, 2, 4, 6, 7, 8, 10, 12 & 13 shall file their written statement alongwith affidavit of admission/ denial of documents within 30 days from the date of service with advance copy to the opposite party, who may file replication alongwith affidavit of admission/ denial of documents thereafter within 30 days.
23. Let the pleadings be completed as per law.
24. Re-notify the matter for completion of pleadings and further proceedings on 13th March, 2024.
DEVENDER KUMAR GARG (DHJS) JOINT REGISTRAR (JUDICIAL) OCTOBER 18, 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 20/10/2023 at 00:17:28