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Delhi High Court - Orders

Harish Bajaj vs Hdfc Bank & Ors on 4 November, 2022

Author: V. Kameswar Rao

Bench: V. Kameswar Rao

                              $~6
                              *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +     CS(OS) 245/2019, I.As. 3152/2021, 6720/2022, 11909/2022,
                                    17959/2022 & 3720/2022
                                    HARISH BAJAJ                                         ..... Plaintiff
                                                      Through: Mr. Sushil Dutt Salwan, Sr. Adv. with
                                                                 Mr. Aditya Garg, Adv.
                                               versus

                                    HDFC BANK & ORS.                                    ..... Defendants
                                                 Through:          Ms. Gurmeet Bindra, Adv. for D-1
                                                                   Mr. Sanjoy Ghose, Sr. Adv. with
                                                                   Mr. Rishabh Jetley, Adv. for D-4, 5 &
                                                                   6
                                    CORAM:
                                    HON'BLE MR. JUSTICE V. KAMESWAR RAO
                                                 ORDER

% 04.11.2022 I.A. 6720/2022

1. This is an application filed by the plaintiff with the following prayers:-

"In view of the submissions made hereinabove, it is most humbly and respectfully prayed that this Hon'ble Court may be pleased to allow Dr. V. C. Mishra to inspect court records of the present suit, take photographs and / or photocopy of documents allegedly signed by the plaintiff, as well as of the pleadings & documents, containing the original signatures of plaintiff that are on record and for this purpose, permit the Court Record to be taken out in the open sunlight, under control & supervision of an officer / dealing clerk from the record room or inspection branch, for taking photographs of the above referred documents/ pleadings.
Such other relief that this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may kindly be granted in favour of the Plaintiff and against the Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:09.11.2022 12:45:59 defendants."

2. Notice, Counsels as above accept notice for defendant Nos. 1, 2 and 4, 5 and 6 respectively. Reply be filed within two weeks from today. Rejoinder thereto, if any be filed within two weeks thereafter.

3. Mr. Salwan seeks and is allowed four weeks to file reply to I.A.11909/2022.

4. Ms. Gurmeet Bindra, Advocate appears for HDFC and states, since the overdrawal facility has been satisfied, the original documents with regard to property being 47/24, East Patel Nagar, near Kalindi College, New Delhi-08 need to be returned.

5. At this stage, learned Sr. Counsel for the plaintiff and defendant Nos.4, 5 & 6 states that the original documents of the property be deposited with the learned Registrar General of this Court.

6. Noting the said submission, the HDFC i.e. defendant No.1 shall deposit the original documents of the property with the learned Registrar General of this Court within three weeks from today by giving a photocopy (duly stamped by HDFC Bank) of the same to the learned counsel for plaintiff and defendant Nos.4, 5 and 6 respectively for their record. The learned Registrar General, on receipt of the original documents, shall put the same in a sealed cover, in the presence of the learned Counsel for the plaintiff and defendant Nos.4, 5 and 6. The documents shall continue to be in the sealed cover till further orders.

7. List before learned Registrar General on 25th November, 2022.

8. At this stage, learned Sr. Counsel for the plaintiff and defendant Nos.4, 5 and 6 states that the parties be referred to mediation for exploring a Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:09.11.2022 12:45:59 settlement.

9. Noting the said submission, plaintiff and defendant Nos.4, 5 and 6 are referred to Delhi High Court Mediation & Conciliation Centre. Plaintiff and defendant Nos.4, 5 and 6 through their counsel are directed to appear before Delhi High Court Mediation & Conciliation Centre on 5 th December, 2022 at 3 pm.

10. List before Court on 20th March, 2023.

V. KAMESWAR RAO, J NOVEMBER 4, 2022/ak Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:09.11.2022 12:45:59