Delhi High Court - Orders
Fiitjee Limited vs Allen Education And Management ... on 13 October, 2023
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 331/2023
FIITJEE LIMITED ..... Plaintiff
Through: Mr. Rajat Aneja, Mr. Shambhavi
Pandey & Ms. Shivangi Chawla,
Advs.
versus
ALLEN EDUCATION AND MANAGEMENT
SERVICES PVT LTD & ORS
..... Defendant
Through: Ms. Archana Pathak Dave, Mr.
Kumar Prashant & Mr. Parmod
Kumar Vishnoi & Mr. Avnish
Dave, Advs. for D1-5
Ms. Ankita Chaudhary & Mr.
Shreyas Balaji, Advs. for D-6
CORAM:
JOINT REGISTRAR (JUDICIAL) SH. MANISH
SHARMA, (DHJS)
ORDER
% 13.10.2023 I.A.No.16890/2023 (under Section 5 of Limitation Act r/w Section 151 CPC filed on behalf of defendant nos.1 to 5 for condonation of delay in filing the written statement)
1. No reply to the captioned IA has been filed on behalf of the plaintiff.
2. Learned counsel for plaintiff submits that he is opposing the application on the ground that there is delay in filing written statement on behalf of the defendant nos.1 to 5.
3. Arguments heard. Record perused.
4. Perusal of record shows that defendant nos.1 to 5 have failed to file the written statement within the stipulated 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 20:36:34 period of 30 days, however, the same has been filed within the extended period of 90 days. In view of the same, the captioned IA is allowed and delay in filing the written statement by defendant nos.1 to 5 is condoned subject to cost of Rs.10,000/- to be deposited with Delhi High Court Legal Aid Services Committee. Written statement and affidavit of admission/denial of documents filed by defendant nos.1 to 5 are taken on record.
5. IA stands disposed of.
I.A.No.15082/2023 (under Order I Rule 10 (2) r/w Section 151 CPC for deletion of defendant no.1)
1. Learned counsel for defendant no.6 had already submitted that she has no objection, if application is allowed.
2. Learned counsel for plaintiff submits that he has filed reply to the captioned IA yesterday only. However, the same has not come on record. Learned counsel for plaintiff is requested to check it up with the Registry and have the same placed on record.
3. Rejoinder, if any, be filed within two weeks. CS(COMM) 331/2023 & I.A.No.9979/2023 (under Order II Rule 2 CPC)
6. As per office note, summons could not be issued as PF returned under objection.
7. Written statement and affidavit of admission/denial of documents have been filed on behalf of defendant nos.1 to 5.
8. Written statement and affidavit of admission/denial of documents have also been filed on behalf of 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 20/10/2023 at 20:36:34 defendant no.6.
9. Plaintiff is at liberty to file the replication affidavit of admission/denial of documents within four weeks with advance copy to the opposite side.
10.Issue summons of the suit and notice of the captioned IA to the defendant nos. 7 to 16, through all permissible modes, returnable on 21st November, 2023.
MANISH SHARMA, (DHJS) JOINT REGISTRAR (JUDICIAL) OCTOBER 13, 2023/nk 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 20:36:35