Yadav Electrical vs . Shahid Bhagat Singh College on 11 September, 2013

[Cites 7, Cited by 0]

Delhi District Court

Yadav Electrical vs . Shahid Bhagat Singh College on 11 September, 2013

Suit no. 
Yadav Electrical  Vs.  Shahid Bhagat Singh College


11.09.2013

Present:     Sh. N.K. Sharma,   Counsel for applicant.

             Copy of reply to the application u/s 151 CPC filed by defendant / 

respondent prior to dismissal of the suit supplied to ld. counsel for applicant.

Summons not received back. Let steps be taken by the applicant on filing of PF & RC for 13.11.13.

(Dr. Neera Bharihoke) ADJ1(South) Saket Courts New Delhi/11.09.2013 RCA no. 25/13 Sheetal Sharma Vs. M/s Friends Fair Builders & Ors. 11.09.2013 Present: Sh. Jitender Kumar, Counsel for appellant.

Respondents no.3 & 4 in person. Respondents no.5 & 6 are exparte. Sh. Amit Kumar, proxy counsel for LRS NO.1 & 2 of respondent No.7.

The affidavit has yet not been filed. Let the same be filed on or before NODH i.e. 18.09.2013.

(Dr. Neera Bharihoke) ADJ1(South) Saket Courts New Delhi/11.09.2013 Suit no. 682/11 Subhash Chander Vs. Bal Krishan 11.09.2013 Present: Sh. Kartikay Mathur, Counsel for plaintiff.

Defendant in person.

Report of Mediation Cell received. Be taken on record. Mediation efforts failed.

Defendant submits that he had applied for the certified copies of documents filed by him, however, as per report the required file has been destroyed by weeding out cell on 28.06.2009. Ld. counsel for plaintiff has supplied the copies of documents filed by him on 16.05.13 to the defendant. Parties are directed to file original documents on NDOH.

To come up for admission / denial of documents and framing of issues on 13.11.13 (Dr. Neera Bharihoke) ADJ1(South) Saket Courts New Delhi/11.09.2013 Suit no. 15/13 Pradeep Khandelwal Vs. Sonia Bawa Sipra 11.09.2013 Present: Sh. Bhagwan Jha, Counsel for plaintiff.

Ms. Neha, Proxy Counsel for defendant. Defendant had filed an application on 23.08.13 for condonation of delay along with medical prescription and proof of service. Be taken on record.

To come up for arguments on 30.10.2013.

(Dr. Neera Bharihoke) ADJ1(South) Saket Courts New Delhi/11.09.2013 Suit no. 16/13 Pankaj Kumar Vs. M/s Raha Poly & Ors. 11.09.2013 Present: Plaintiff in person.

Sh. P. Pankaj, counsel for defendant no.1, 3, 5 & 6. WS along with copies of documents filed on behalf of defendant no.1. Be taken on record. Copy supplied. Affidavit in support of WS be filed within 15 days from today. Ld. counsel for defendants No. 1, 3, 5 & 6 is directed to clarify and specify if the WS filed today has been filed on behalf of defendants No. 3, 5 & 6 also. If it is so, affidavits of defendants No. 3, 5 & 6 be also filed.

Defendant no.4 has been served through RC. Summons sent to defendant no.2 have been received back with the report that he does not reside at the furnished address. Let fresh steps be taken by the plaintiff on filing of PF & RC for service of defendant no.2 for 18.11.13.

(Dr. Neera Bharihoke) ADJ1(South) Saket Courts New Delhi/11.09.2013 Suit no. 303/13 M/s Shri Sidhi Vinayak Infrastructure Pvt. Ltd. Vs. Mohd. Irshad 11.09.2013 Present: Sh. Satish Mishra, counsel for plaintiff.

Summons not received back. Be served again on filing of PF / RC for 02.12.13.

(Dr. Neera Bharihoke) ADJ1(South) Saket Courts New Delhi/11.09.2013 Suit no. 305/13 Dharam Raj Vs. Radhey Shyam & Ors. 11.09.2013 Present: Ms. Meenakshi, Counsel for plaintiff.

Sh. Sudhir Kumar, Counsel for defendant no.3. None for defendants No.1 & 2.

Vakalatnama filed on behalf of defendant no.3. Be taken on record. Other two defendants have also been served.

To come up for filing of WS on 11.10.13.

(Dr. Neera Bharihoke) ADJ1(South) Saket Courts New Delhi/11.09.2013 Suit no. 240/13 Naveen Sehgal Vs. Dhananjay Johri 11.09.2013 Present: Sh. Shyam Murjani, Counsel for plaintiff.

Sh. Rakesh Kakkar, Counsel for defendant. Arguments heard. To come up for orders / clarifications on 27.09.13.

(Dr. Neera Bharihoke) ADJ1(South) Saket Courts New Delhi/11.09.2013 Suit no. 532/11 Jitender Singh Sodhi Vs. Harpreet Kaur 11.09.2013 Present: Sh. Abhishek Sethi, Counsel for plaintiff.

Sh. Jagat Singh, Proxy Counsel for defendant No.1. None for defendant no.2.

At request of plaintiff, to come up for admission / denial of documents and framing of issues on 21.11.13.

(Dr. Neera Bharihoke) ADJ1(South) Saket Courts New Delhi/11.09.2013 Suit no. 287/12 M/s Netcarrots Com Pvt. Ltd. Vs. M/s The Great India Nautanki Co. Pvt. Ltd.



11.09.2013

Present:     None for plaintiff.

Sh. Sandeep Vyas, Counsel for defendant. To come up for admission / denial of documents and framing of issues on 12.11.13. Parties are at liberty to file original documents on NDOH.

(Dr. Neera Bharihoke) ADJ1(South) Saket Courts New Delhi/11.09.2013 Suit no. 339/13 Punjab National Bank Vs. Krishan Kumar 11.09.2013 Present: Sh. T.C. Sharma, Proxy Counsel for plaintiff.

Sh. Harish Aggarwal and Sh. K.R. Sharma, Counsels for defendant No.2.

Defendant no.1 is exparte.

Ld. Proxy Counsel for plaintiff seeks an adjournment. To come up for PE on 08.01.2014.

(Dr. Neera Bharihoke) ADJ1(South) Saket Courts New Delhi/11.09.2013 Suit no. 197/13 Sanjeev Mehta Vs. The Oriental Insurance Ltd. 11.09.2013 Present: Sh. Virender Garg, Counsel for plaintiff Sh. S. Kumar, Counsel for defendant. Witness, Prabhat Kumar, Record Clerk from PS. Malviya Nagar is present.

Ld. counsel for defendant does not object the correction in the crossexamination of PW.1 conducted on 03.07.13. In the said cross examination, in the very first sentence of crossexamination, the word 'bike' has been recorded in place of 'car'. Accordingly, the said correction is made in hand today in the crossexamination of PW.1 conducted on 03.07.13 with initials of Ld. counsel for PW.1.

Witness, Prabhat Kumar has not brought the complete summoned record. Diet money paid and witness is bounddown for NDOH.

To come up for PE on 09.10.13.

(Dr. Neera Bharihoke) ADJ1(South) Saket Courts New Delhi/11.09.2013 Suit no. 768/11 Suresh Sharma Vs. Radhey Shyam 11.09.2013 Present: Sh. Ankur Saini, Counsel for plaintiff.

Sh. Sudhir Kumar, Counsel for defendant. Both the parties submit that there is possibility of settlement in the present matter and they request to send the matter in the Mediation Cell.

At request, matter is referred to Mediation Cell, Saket Courts, Delhi for exploring the possibility of settlement. Both the parties are directed to appear before the Ld. Judge Incharge, Mediation Centre, Utility Block, Ist floor, Saket Court Complex, New Delhi at 2.00 PM on 18.09.2013. and to appear before this court on 12.11.2013 for clarifications as regards settlement, if any, otherwise for further proceedings. Referral form be filled accordingly.

(Dr. Neera Bharihoke) ADJ1(South) Saket Courts New Delhi/11.09.2013 Suit no. 88/12 Poonam Kumar Vs. M/s HDSG & Associates 11.09.2013 Present: None for plaintiff.

Sh. Manoj Kumar, Proxy Counsel for defendant. Ld. Proxy Counsel for defendant submits that ld. counsel for plaintiff telephonically informed about his nonavailability for today.

To come up for PE on 10.01.14. Advance copy of affidavit be supplied at least 7 days before next date of hearing and list of witnesses be filed within 15 days from today.

(Dr. Neera Bharihoke) ADJ1(South) Saket Courts New Delhi/11.09.2013 Suit no. 67/13 Uma Devgon Vs. Payal Bhatia 11.09.2013 Present: Ms. Renu Kumar, Counsel for plaintiff.

None for defendant.

Special Power of Attorney, list of witnesses, service proof and an application u/o 16 Rule 1 CPC filed on behalf of plaintiff on 07.09.13. Be taken on record. The application is allowed. Let steps be taken by the plaintiff on filing of PF & RC for summoning of the witnesses for 12.11.13.

(Dr. Neera Bharihoke) ADJ1(South) Saket Courts New Delhi/11.09.2013 Suit no. 90/13 Images Consumer Media Pvt. Ltd. Vs. M/s Bench Craft 11.09.2013 Present: Sh. Nishant Singh, Counsel for plaintiff with witness.

Defendant is exparte.

Affidavit of evidence of PW.2 filed. Be taken on record. PW.2 examined in exparte evidence and discharged.

To come up for remaining exparte PE on 29.10.13.

(Dr. Neera Bharihoke) ADJ1(South) Saket Courts New Delhi/11.09.2013 Suit no. 257/13 Eco Water Solution Pvt. Ltd. Vs. Sawen Consultancy Services & Ors. 11.09.2013 Present: Sh. M.K. Tiwari, Proxy Counsel for plaintiff.

Sh. Satender Singh for defendant, Sh. Satender Singh, submits that ld. counsel for plaintiff telephonically informed about his nonavailability for today.

To come up for arguments on the application u/s 10 CPC on 04.12.13.

(Dr. Neera Bharihoke) ADJ1(South) Saket Courts New Delhi/11.09.2013 Suit no. 169/13 Sports Station India Service Pvt. Ltd. Vs Sunil Rai 11.09.2013 Present: None.

Vide seprate judgment, suit of the plaintiff is disposed of as decreed. No order as to costs. Decree sheet be prepared accordingly. File be consigned to record room after necessary compliance.

(Dr. Neera Bharihoke) ADJ1(South) Saket Courts New Delhi/11.09.2013 Suit no. 520/11 M/s Airport Service Station Vs. Bharat Petroleum Corporation Ltd. 11.09.2013 Present: Sh. Rajiv Shukla, Counsel for plaintiff.

Sh. Anil Batra, Counsel for defendant No.1. Defendants No.2 to 4 are exparte. Plaintiff has filed copy of letter dated 23.11.12 and reply of defendant to the said letter along with list. Be taken on record.

The title of the suit stands changed to Promilla Kishore Vs. Bharat Petroleum Corporation Ltd. & Anr.. Ahlmad is directed to make the necessary correction.

Arguments heard. To come up for orders at 4.00 PM.

(Dr. Neera Bharihoke) ADJ1(South) Saket Courts New Delhi/11.09.2013 AT 4.00 PM Present : None.

Vide this order, I shall dispose off the application of LRS of plaintiff u/o 22 Rule 3 CPC.

Plaintiff has expired on 09.11.12 and the application was filed on 07.01.2013. Thus, the application has been filed within period of limitation.

The applicants have submitted that the right to sue survives in their favour. Applicants have relied on the judgment titled Munni Devi & Others Vs. MCD (Supra); wherein it was held that for deciding an : 2 :

application u/o 22 Rule 3 CPC, two things are required to be proved, firstly the applicants must be legal representatives and secondly, the right to sue must survive in their favour. The applicants are LRS of plaintiff is not disputed.

According to section 306 of Indian Succession Act, all rights to prosecute any action existing in favour of a person at the time of his death survive to his executor or administrator under the provision except causes of action for defamation, assault, or other personal injury and cases where the relief sought cannot be enjoyed or granted. The present matter has been filed for a decree of declaration in favour of plaintiff being the sole proprietor of M/s Airport Service Station and for declaring the plaintiff a licencee qua defendant no.1 and for relief of permanent injunction, as prayed for. Accordingly, it is a valuable right which has been sought through this suit and in the above cited judgment, it has been held that right to carry on business is a valuable right and is a property heritable by the legal heirs.

Defendant no.1 has submitted that applicants have no right to seek reconstitution of the dealership since no DPSL was executed with deceased plaintiff and licence to run the plaintiff is not an inheritable right. The said submission can only be decided after due trial of the matter and at this stage in light of section 306 of Indian Succession Act read with law laid down in Munni Devi & Others Vs. MCD (Supra), the right to sue survives in favour of the applicants and the application is accordingly allowed.

: 3 :

To come up for arguments on injunction application on 04.12.13.

(Dr. Neera Bharihoke) ADJ1(South) Saket Courts New Delhi/11.09.2013 RCA no. 40/11 Nirmala Devi Vs. Lakshmi Narayan 11.09.2013 Present: Sh. Siddharth Aggarwal, Counsel for appellant with appellant.

None for respondent.

To come up for arguments on 07.12.13.

(Dr. Neera Bharihoke) ADJ1(South) Saket Courts New Delhi/11.09.2013 Suit no. 204/13 Risha Sadh Vs. Pritam Sadh 11.09.2013 Present: Sh. Saurav, Proxy Counsel for plaintiff.

Sh. Suman Kumar, Counsel for defendant. To come up for reply and arguments on the application for leave to defend on 04.12.13. Advance copy of reply be supplied at least 7 days before next date of hearing.

(Dr. Neera Bharihoke) ADJ1(South) Saket Courts New Delhi/11.09.2013 Suit no. 256/12 Pradeep Khandelwal Vs. Sonia Bawa 11.09.2013 Present: Sh. Bhagwan Jha, Counsel for plaintiff.

Ms. Neha, Proxy Counsel for defendant. At joint request, to come up for arguments on injunction application on 30.10.13.

(Dr. Neera Bharihoke) ADJ1(South) Saket Courts New Delhi/11.09.2013 Suit no. 125/13 Sanjay Taneja Vs. M/s 3RD Dimension Architecture Pvt. Ltd. 11.09.2013 Present: Sh. Raj Kapoor, Counsel for plaintiff.

Sh. Sanjeev, Counsel for defendant. Another copy of reply to the application for leave to defend supplied to ld. counsel for defendant as he submits that he did not receive the copy sent to him by post.

To come up for arguments on the application for leave to defend on 05.12.13.

(Dr. Neera Bharihoke) ADJ1(South) Saket Courts New Delhi/11.09.2013 Suit no. 503/13 Sanjiv Pathak & Anr. Vs. Bela Singh Ahir 11.09.2013 Present: None for plaintiff.

Sh. Nilesh Sahni, Counsel for defendant. None has appeared for plaintiff despite repeated calls. On previous occasions also, the plaintiff has been prosecuting the matter in a very casual manner. On LDOH also, none appeared for plaintiff. The application is dismissed for nonprosecution.

File be consigned to Record Room after necessary compliance.

(Dr. Neera Bharihoke) ADJ1(South) Saket Courts New Delhi/11.09.2013 Suit no. 01/13 Shreyans Industries Ltd. Vs. IGNOU 11.09.2013 Present: Sh. Atishi Dipankar, Counsel for plaintiff.

Sh. Ali Mirza along with Sh. Kulish, Counsel for defendant. Defendant is exparte.

Reply to the application u/o 9 Rule 7 CPC filed. Be taken on record. Copy supplied.

Ld. counsel for defendant submits that defendant wishes the matter to be settled through negotiation amongst the parties. Parties are at liberty to explore the chances of settlement. Ld. counsel for defendant prays that for negotiation, concerned official of the plaintiff may make himself available for the same. Accordingly, plaintiff is directed to send the concerned official after receiving call from the office of defendant to meet and negotiate with respect to settle the present matter.

To come up for settlement, else for, arguments on 14.10.13. At request, a copy of the order be given dasti.

(Dr. Neera Bharihoke) ADJ1(South) Saket Courts New Delhi/11.09.2013 Suit no. 293/11 Shiv Dutt Vs. M/s Texport 11.09.2013 Present: None.

Vide separate order of even date, the counter claim is rejected. To come up for PE on 09.01.2014.

(Dr. Neera Bharihoke) ADJ1(South) Saket Courts New Delhi/11.09.2013 M. No.. 1A/13 Shiv Dutt Vs. M/s Texport 11.09.2013 Present: None.

Vide separate order of even date, the counter claim is rejected. The counterclaim file be consigned to Record Room.

(Dr. Neera Bharihoke) ADJ1(South) Saket Courts New Delhi/11.09.2013 Ex. no. 36/12 Fincap Portfolio Ltd. Vs. Sanjeev Kumar 11.09.2013 Present: Ms. Anumeha, Counsel for DH.

Proceedings u/s 34 of Arbitration & Conciliation Act are pending. To come up for further proceedings on 19.11.13.

(Dr. Neera Bharihoke) ADJ1(South) Saket Courts New Delhi/11.09.2013 Ex. no. 49/13 Maj. Gen. (Retd.) Anil Mohan Chaturvedi & Ors. Vs. M/s Tecon Project 11.09.2013 Present: Sh. Arvind, counsel for DH.

Ms. Isha Shah, Counsel for JD. Objections to the execution petition along with letter dated 09.09.13 with photocopy of 8 Pay Orders duly acknowledged and vakalatnama filed. Be taken on record. Copy suppled. Ld. counsel for JD submits that JD has already made the complete payment i.e the decreetal amount.

To come up for reply and arguments on 18.11.13. Advance copy of reply be supplied at least 7 days before next date of hearing.

(Dr. Neera Bharihoke) ADJ1(South) Saket Courts New Delhi/11.09.2013 Ex. no. 110/13 HDFC Bank Ltd. Vs. Gaurav Srivastava 11.09.2013 Present: Sh. Karambir Singh, Counsel for DH.

Let warrants of attachment be issued against the movable properties of JD on filing of PF mentioned at Sl. No. B, a to f. DH is directed to appear before Ld. ACJ for appointment of Bailiff on 01.10.13 and to appear before this court on 08.11.13.

(Dr. Neera Bharihoke) ADJ1(South) Saket Courts New Delhi/11.09.2013 Ex. no. 105/13 Religare Finvest Ltd. Vs. Srivenkateswar 11.09.2013 Present: Counsel for DH.

Counsel for JD.

(Dr. Neera Bharihoke) ADJ1(South) Saket Courts New Delhi/11.09.2013 EX. no. 36/12 Fincorp Portfolio Vs. Sanjeev Kr. Gupta 11.09.2013 Present: None for parties.

To come up for further proceedings on 13.11.13 (Dr. Neera Bharihoke) ADJ1(South) Saket Courts New Delhi/11.09.2013 Suit no. 282/12 Prem Devi Vs. Manju Mishra 11.09.2013 File is taken up today on moving of an application by the plaintiff u/o 22 Rule 4 CPC.

Present: Sh. Ashok Kumar, Counsel for plaintiff.

Issue notice of the application to the defendants on filing of PF & RC for the date fixed i.e. 29.10.13.

(Dr. Neera Bharihoke) ADJ1(South) Saket Courts New Delhi/11.09.2013 Suit no.