Delhi High Court - Orders
Ritu Grover vs Pooja Sethi & Ors on 12 July, 2024
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 34/2023, I.A. 1087/2023, I.A. 7490/2023, I.A. 10208/2023,
I.A. 13882/2023 & I.A. 14035/2023
RITU GROVER .....Plaintiff
Through: Dr. Alok and Mr. Siddhant Narang,
Advocates
versus
POOJA SETHI & ORS. .....Defendant
Through: Mr. Sudhindra Tripathi, Proxy
Counsel for D-1 to 3
Mr. Mayank Deswal, Advocate for D-
4, 5 and 6
Mr. Hrithik Goyal and Mr. LR Goyal,
Advocate for D-7/Axis Bank
Mr. Nitin Jain, Mr. Akshay Mittal,
Mr. S.S. Mittal, Mr. Amit Bhardwaj,
Mr. Varun Kumar, Advocates for D-9
(through VC)
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 12.07.2024
CS(OS) 34/2023
1. Learned counsel for Defendant No. 7 i.e. Axis Bank states that late Sh. Janak Raj Sethi maintained a HUF account with its Vikas Puri, Delhi branch. He states that all documents sought by the Plaintiff with respect to the said account has been filed in these proceedings. He states that, further, Defendant No. 7 has marked a debit freeze on this account. He states that, therefore, the main relief sought at prayer (iii) in the suit qua Defendant No. 7 stands satisfied. He states that Defendant No. 7 undertakes to remain CS(OS) 34/2023 Page 1 of 4 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 16/07/2024 at 03:32:37 bound by the final orders of this Court and if summoned as a witness by the Plaintiff it shall appear with the record. He states that in view of the afore stated facts, Defendant No. 7 may be deleted from the array of parties.
2. Learned counsel for the Plaintiff states that he confirms the submissions of Defendant No. 7 and consents to the deletion of Defendant No. 7 subject to reserving his right to summon Defendant No. 7 as a witness, if so required.
3. This Court has considered the submissions of the parties and accordingly, Defendant No. 7 is directed to be deleted from the array of parties with liberty reserved to the Plaintiff as prayed for. Defendant no. 7 is bound down to the statement made by its counsel today.
4. Similarly, learned counsel for Defendant No. 9 i.e., Bonanza Demat states that Defendant No. 9 has filed his written statement and filed on record all relevant documents in its possession with respect to the Demat account standing in the name of late Sh. Janak Raj Sethi with the said Defendant. He states that the shares in the Demat account were transferred to the nominee, Defendant No. 4 in accordance with law. He states that in view of the said disclosure the reliefs sought against Defendant No. 9 in the plaint at prayer (v) stands satisfied. He prays; therefore, Defendant No. 9 be deleted from the array of parties and Defendant No. 9 undertakes that if the Defendant No. 9 is summoned as a witness, it shall produce records required by the Plaintiff.
5. In response, learned counsel for the Plaintiff states that he has no objection to the deletion of Defendant No. 9 while reserving his rights to summon Defendant No. 9, if so required, during the course of trial.
6. In view of the submission of plaintiff and defendant No. 9, the said CS(OS) 34/2023 Page 2 of 4 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 16/07/2024 at 03:32:37 defendant is hereby deleted from the array of parties reserving the right of the Plaintiff to summon Defendant No. 9 as a witness. Defendant no. 9 is bound down to the statement made by its counsel today.
7. None appears on behalf of Defendant No. 8. However, learned counsel for the Plaintiff fairly states that Defendant No. 8 can also be deleted on the same terms and conditions, vis-a-vis Defendant Nos. 7 and 9.
8. Accordingly, Defendant No. 8 is deleted from the array of parties reserving the right of the Plaintiff to summon Defendant No. 8 as a witness if it deems it appropriate.
9. In view of the deletion of Defendant Nos. 7, 8 and 9, the plaintiff is directed to file an amended memo of parties within four weeks. I.A. 7490/2023 (on behalf of Defendant No. 3 seeking clarification of the order dated 19.01.2023)
10. This is an application filed by Defendant No. 3 seeking a clarification of the order dated 19.01.2023 to the effect that she can continue to receive the rental amount from the tenants in the premises.
11. Learned counsel for the Plaintiff and Defendant No. 3 states that in this application, the predecessor Bench had passed order dated 13.07.2023 and in pursuance to the said order Defendant No. 3 continues to receive rent from the existing tenants. The parties agree that in view of the said clarification, no further orders are required.
12. Accordingly, the application is disposed of making it abundantly clear that Defendant No. 3 shall continue to receive rent from the existing tenants.
13. The application is hereby disposed of.
I.A. 13882/2023 (under Order XI Rule 1 CPC for grant of leave to administer interrogatories to the Defendants) CS(OS) 34/2023 Page 3 of 4 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 16/07/2024 at 03:32:37
14. This is an application filed by the Plaintiff under Order XI Rule 1 CPC for grant of leave to administer interrogatories to the Defendants.
15. Learned counsel for the Plaintiff states that Defendant Nos. 1 to 3 have since filed an affidavit along with pen drive answering the said interrogatories. He states that in view of the said affidavit, the Plaintiff is not seeking any further directions in this application and prays that the same can be disposed of.
16. In view of submissions of the learned counsel for the Plaintiff, the present application is disposed of as satisfied.
I.A. Nos. 1087/2023 & I.A. 10208/2023
17. Present applications shall be heard and taken up together.
18. List on 25.10.2024.
I.A. 14305/2023 (under Order VI Rule 17 CPC for amendment of the plaint on behalf of the Plaintiff)
19. This is an application filed by the Plaintiff under Order VI Rule 17 CPC. Learned counsel for Defendant nos. 1 to 3 seeks a pass over which is not convenient to this Court.
20. List on 25.10.2024.
MANMEET PRITAM SINGH ARORA, J JULY 12, 2024/msh/AKT CS(OS) 34/2023 Page 4 of 4 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 16/07/2024 at 03:32:37