Delhi High Court - Orders
Smt. Manohari vs M/S Aps Revanta Developers Llp Through ... on 16 October, 2023
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 147/2022
SMT. MANOHARI ..... Plaintiff
Through: Adv. joined through VC
(Appearance not given)
versus
M/S APS REVANTA DEVELOPERS LLP THROUGH
ITS PARTNERS & ORS. ..... Defendants
Through: Mr. Vishal Maan & Mr. Aakash
Sehrawat, Advs. for D-1 to 3
CORAM:
JOINT REGISTRAR (JUDICIAL) MS. PRIYA
MAHENDRA, (DHJS)
ORDER
% 16.10.2023 IA No.16872/2023 under Order VII Rule 11 CPC moved by the defendant no.1 to 3; and IA no.16873/2023 under Order XXXIX Rule 4 CPC moved by the defendant no.1 to 3 As per office note, notice of the captained IAs issued to the plaintiff is un-served with report that no such person is residing at the given address. So, the learned counsel for the plaintiff is directed to file current /present address of the plaintiff within two weeks with copy to the opposite side.
Leaned counsel for the plaintiff accepts notice of the captioned IA. He submits that he has not received copy of the captioned IAs, to which learned counsel for the applicants/defendant no.1 to 3 undertakes to supply the same within two days through e-mail. Thereafter, reply, if any, be filed by the plaintiff within three weeks with copy to the opposite side, who is at liberty to file rejoinder, if any, within two weeks thereafter with copy to the opposite side.
Re-notify the captioned IAs for completion of pleadings on the next date of hearing.
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 18/10/2023 at 22:39:01 CS(OS) 147/2022 Vide order dated 14.08.2023, Written Statement alongwith Affidavit of Admission/Denial of the documents filed by the defendant no.1 to 3 were taken on record.
As per office note, Replication alongwith Affidavit of Admission./Denial of the documents filed by the plaintiff to the Written Statement of defendant no.1 to 3 is on record.
The defendant no.4 has not filed Written Statement despite service. None is present on behalf of the defendant no.4 today to explain in this regard. So, the right of the defendant no.4 to file Written Statement is ordered to be forfeited.
Chapter VII Rule 7 of Delhi High Court (Original Side) Rules was amended with effect from 01.11.2018 and as per the said amendment, the Affidavit of Admission/Denial of the documents referred to in the Rule in question i.e. Rule 7 Chapter VII of the Delhi High Court (Original Side) Rules shall be in accordance with the provisions of Rule 4 of Order XI of the Code, as applicable under the Commercial Courts Act. The Affidavits of Admission/Denial of the documents filed by the plaintiff and defendant no.1 to 3 are not in accordance with the aforesaid provision. So, the plaintiff and defendant no.1 to 3 are directed to file fresh/proper Affidavit of Admission/Denial of the documents as per law within two weeks with copies to be exchanged.
Thereafter, the plaintiff is directed to file soft copy as well as physical copy of the joint schedule of the documents within three weeks with copy to the opposite 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 18/10/2023 at 22:39:01 side.
Re-notify the matter for completion of pleadings/marking of exhibits to the documents on 12.01.2024.
PRIYA MAHENDRA (DHJS) JOINT REGISTRAR (JUDICIAL) OCTOBER 16, 2023/ab 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 18/10/2023 at 22:39:02