Delhi High Court - Orders
Resilient Innovations Private Limited vs Madhuri Jain Grover & Ors on 8 December, 2022
Author: Navin Chawla
Bench: Navin Chawla
$~34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 771/2022
RESILIENT INNOVATIONS PRIVATE LIMITED ..... Plaintiff
Through: Mr.Mukul Rohatgi, Sr. Adv.,
Mr.Rajiv Nayyar, Sr. Adv.,
Mr.Sandeep Sethi, Sr. Adv. &
Mr.Jayant Nath, Sr. Adv. with
Mr.Anuj Berry, Mr.Sourabh Rath,
Ms.Bhargavi Vadeyar, Mr.Vibhore
Yadav & Mr.Saurav, Advs.
versus
MADHURI JAIN GROVER & ORS. ..... Defendants
Through: Mr.Chirag Madan, Mr.Shaunak
Sharma, Mr.Shivender Sharma &
Ms.Ravleen Sabharwal, Advs. for D-1
& D-2.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 08.12.2022 I.A. 20777/2022 & 20779/2022 (Exemption)
1. Allowed, subject to all just exceptions. I.A. 20780/2022 (Section 151 of the Code of Civil Procedure, 1908 for exemption from filing e-court fee/court fee receipt)
2. The learned senior counsel for the plaintiff submits that the Court Fees have been filed today.
3. The application is rendered infructuous and is accordingly disposed of.
I.A. 20778/2022 (Section 151 of the Code of Civil Procedure, 1908 seeking leave to file a lengthy List of Dates and Events) Signature Not Verified Digitally Signed By:RENUKA NEGI Signing Date:12.12.2022 15:20:11
4. Having perused the contents of the application, the same is allowed and the list of dates is taken on record.
I.A. 20776/2022 (Section 151 of the Code of Civil Procedure, 1908 seeking leave to file Additional Documents)
5. This is an application filed on behalf of the plaintiff seeking leave to file additional documents, which are not in the power, possession, control or custody of the plaintiff at the moment.
6. The plaintiff may file the additional documents strictly in accordance with the provisions of the law.
7. The application stands disposed of.
I.A. 20775/2022 (Order II Rule 2 of the Code of Civil Procedure, 1908)
8. Issue notice.
9. Notice is accepted by Mr.Chirag Madan, Advocate, on behalf of the defendant nos.1 and 2. Let notice be served on the remaining defendants through all permitted modes, including dasti, returnable on 9th January, 2023.
10.Reply be filed within a period of two weeks on receipt of the notice.
Rejoinder thereto, if any, be filed within a period of one week thereafter.
I.A. 20772/2022 (Section 151 of the Code of Civil Procedure, 1908 for exemption from serving an advance copy of the suit on the defendants)
11.The learned senior counsel for the plaintiff submits that as an interim injunction was being prayed for, this application was filed. The learned counsel for the defendant nos.1 and 2 has already entered appearance.
12.In view of the above, the application is allowed. Let a copy of the suit Signature Not Verified Digitally Signed By:RENUKA NEGI Signing Date:12.12.2022 15:20:11 paper book be supplied to the learned counsel for the defendant nos.1 and 2 by the learned counsel for the plaintiff during the course of the day.
I.A. 20773/2022 (Order XXXIX read with Section 151 seeking disclosure of assets and status quo)
13.Issue notice.
14.Notice is accepted by Mr.Chirag Madan, the learned counsel for defendant nos.1 and 2. Let notice be served on the remaining defendants through all permitted modes, including dasti, returnable on 9th January, 2023.
15.Reply be filed within a period of two weeks on receipt of the notice.
Rejoinder thereto, if any, be filed within a period of one week thereafter.
CS(OS) 771/2022
16.The learned senior counsel for the plaintiff submits that there is a typographical error in paragraph no. 185 of the Plaint, inasmuch as it states that the plaintiff is affixing Court Fees of 'Rs.90,00,00,000', which should have been 'Rs.90,00,000'.
17.The plaintiff is permitted to file an amended Plaint within a day.
18.Issue summons to the defendants.
19.Summons is accepted by Mr.Chirag Madan, Advocate, on behalf of the defendant nos.1 and 2. Let summons be issued to the remaining defendants by all permitted modes, including dasti, returnable on 22nd February, 2023 before the learned Joint Registrar (Judicial).
20.The summons to the defendants shall indicate that the written statement(s) to the Plaint shall be positively filed within the statutory Signature Not Verified Digitally Signed By:RENUKA NEGI Signing Date:12.12.2022 15:20:11 period from the date of receipt of summons. Along with the written statement(s), the defendants shall also file the affidavit(s) of admission/denial of the documents of the plaintiff, without which the written statement(s) shall not be taken on record.
21.Liberty is given to the plaintiff to file the replication(s) within the statutory period of the receipt of the written statement(s). Along with the replication, if any, filed by the plaintiff, the affidavit(s) of admission/denial of documents of the defendants be filed by the plaintiff, without which the replication(s) shall not be taken on record.
22.If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.
I.A. 20774/2022 (Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908)
23.Issue notice.
24.Notice is accepted by Mr.Chirag Madan, Advocate, on behalf of the defendant nos.1 and 2. Let notice be served on the remaining defendants through all permitted modes, including dasti, returnable on 9th January, 2023.
25.Reply be filed within a period of two weeks on receipt of the notice.
Rejoinder thereto, if any, be filed within a period of one week thereafter.
NAVIN CHAWLA, J DECEMBER 8, 2022/rv/AB Signature Not Verified Digitally Signed By:RENUKA NEGI Signing Date:12.12.2022 15:20:11