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Delhi High Court - Orders

Summit Aviation Pvt. Ltd vs Punjab National Bank & Anr on 22 December, 2023

Author: Sachin Datta

Bench: Sachin Datta

                                    $~52
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           CS(COMM) 952/2023
                                                SUMMIT AVIATION PVT. LTD.                                                      ..... Plaintiff
                                                                                      Through:                 Mr. Chinmoy Pradip Sharma, Sr.
                                                                                                               Adv. along with Mr. Kush Sharma,
                                                                                                               Ms. Asiya Khan, Mr. Krishnajyoti
                                                                                                               and Mr. Shubhankar, Advs.
                                                                                      versus

                                                PUNJAB NATIONAL BANK & ANR.                                                    ..... Defendants
                                                                                      Through:                 Mr. Jitender Chaudhary and Mr.
                                                                                                               Shilpa Chouhan, Advs. for D2.
                                                CORAM:
                                                HON'BLE MR. JUSTICE SACHIN DATTA
                                                             ORDER

% 22.12.2023 I.A. 26330/2023 -Ex. (Filing Certified Of The Documents And True Typed Copies)

1. The application is allowed subject to the plaintiff producing the original and all certified copies, as and when directed.

2. The application stands disposed of.

CS(COMM) 952/2023

3. Let the plaint be registered as a suit.

4. Issue summons in the suit.

5. Learned counsel, as aforesaid, accepts summons on behalf of Defendant No. 2.

6. Upon the plaintiff taking steps within 10 days, let summons be sent to the remaining defendants by all permissible modes. Let the summons indicate that the defendants are required to file written statement to the 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 24/12/2023 at 01:27:55 plaint within 30 days from the date of receipt of summons, alongwith affidavit of admission/denial of the documents filed by the plaintiff. The plaintiff may file replication to the written statement within 30 days thereafter, alongwith affidavit of admission/denial of the documents filed by defendants.

7. List before the Joint Registrar for completion of pleadings, for admission/denial of documents and marking of exhibits on 15.02.2024. I.A. 26329/2023 -(Seeking Exemption From Pre-Institution Mediation)

8. This is an application seeking exemption from pre-institution mediation under Section 12A of the Commercial Courts Act, 2015.

9. Considering the averments made in the application, and in view of the judgment in "Chandra Kishore Chaurasia vs. R. A. Perfumery Works Private Ltd." 2022/DHC/004454 passed by the Division Bench of this Court, the application is allowed.

I.A. 26328/2023 - (Seeking Leave to file addl. Documents)

10. This is an application seeking leave to file additional documents filed on behalf of plaintiff.

11. Considering the averments made in the application, let additional documents, if any, be filed latest within a period of 2 weeks from today.

12. Application stands disposed of.

I.A. 26327/2023 - ( U/o XXXIX Rule 1 & 2 of CPC for Int. Injunction)

13. Issue notice.

14. Learned counsel, as aforesaid, accepts notice on behalf of Defendant No. 2. Let reply be filed by the Defendant No. 2 before the next date of hearing.

15. Issue notice to the remaining defendants through all permissible 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 24/12/2023 at 01:27:55 modes, including electronically, returnable for the next date of hearing.

16. List on 10.01.2024.

SACHIN DATTA, J DECEMBER 22, 2023/AT 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 24/12/2023 at 01:27:55