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Delhi High Court - Orders

National Marble And Sanitary Store C.D & ... vs Punjab National Bank (Pnb) on 29 January, 2025

Author: Purushaindra Kumar Kaurav

Bench: Purushaindra Kumar Kaurav

                                     $~O-42
                                     *          IN THE HIGH COURT OF DELHI AT NEW DELHI
                                     +          CS(COMM) 72/2025 and I.A. 2327-2328/2025
                                                NATIONAL MARBLE AND SANITARY STORE C.D & ORS.
                                                                                                                                     .....Plaintiffs
                                                                                      Through:                 Dr.Menaka Goswamy, Sr. Advocate
                                                                                                               with Mr.Sourabh Malhotra, Mr.Prem
                                                                                                               Sood, Mr.Alok Kumar, Mr.Utkarsh,
                                                                                                               Ms.Shaswati,    Ms.Arunima       and
                                                                                                               Ms.Aditi, Advocates.

                                                                                      versus

                                                PUNJAB NATIONAL BANK (PNB)                                                           .....Defendant

                                                                                      Through:                 Mr.Tanveer       Ahmed       Ansari,
                                                                                                               Advocate.

                                     CORAM:
                                     HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
                                                                                      ORDER

% 29.01.2025 I.A. 2329-2331/2025 (for exemption)

1. Plaintiffs shall file legible/ certified and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.

2. The applications for exemption are allowed, subject to the plaintiffs granting inspection of the documents filed, as and when required to do so, or filing the original documents at the stage of admission/denial.

3. The applications stand disposed of.

CS(COMM) 72/2025

1. Let the plaint be registered as a suit.

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 29/01/2025 at 22:32:06

2. Issue summons. Mr. Tanveer Ahmed Ansari, Advocate, accepts summons on behalf of the defendant. He confirms the receipt of the suit paperbook and waives the right of formal service of summons.

3. Written statement shall be filed within thirty days commencing from today. Summons shall state that the written statement(s) shall be filed by the Defendant within 30 days from the date of receipt of summons. Along with the written statement(s), the Defendant shall also file affidavit(s) of admission/denial of the documents of the Plaintiffs, without which the written statement(s) shall not be taken on record.

4. Liberty is given to the Plaintiffs to file replication(s) within 15 days of the receipt of the written statement(s). Along with the replication(s), if any, filed by the Plaintiffs, affidavit(s) of admission/denial of documents of the Defendant, be filed by the Plaintiffs, without which the replication(s) shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

5. List before the Joint Registrar for taking up necessary steps for completion of pleadings on 21.04.2025. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.

6. List before this Court thereafter on the date to be assigned by the concerned Joint Registrar.

I.A. 2327/2025 (under Order XXXIX Rule 1 and 2 of CPC) I.A. 2328/2025 (under Order XI Rule 1(4) of CPC for filing additional documents)

1. Heard learned counsel appearing on behalf of the plaintiffs.

2. Issue notice.

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 29/01/2025 at 22:32:06

3. Learned counsel appearing on behalf of the defendant, accepts notice. He prays for some time to seek instructions to file the reply.

4. Let the needful be done before the next date of hearing.

5. List these applications for consideration before this Court on 26.03.2025.

PURUSHAINDRA KUMAR KAURAV, J JANUARY 29, 2025 Nc/sp 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 29/01/2025 at 22:32:07