Lg Polymers India Private Limited vs S.J. Polymers & Anr on 13 December, 2021

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Delhi High Court - Orders

Lg Polymers India Private Limited vs S.J. Polymers & Anr on 13 December, 2021

Bench: Yogesh Khanna

                                $~22
                                *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                +    CS(COMM) 646/2021
                                     LG POLYMERS INDIA PRIVATE LIMITED          ..... Plaintiff
                                                    Through: Mr.Neil Hildreth, Mr.Rahul Jain,
                                                               Mr.Banu Prakash, Advocates.
                                                    versus
                                     S.J. POLYMERS & ANR.                       ..... Defendants
                                                    Through: None.
                                     CORAM:
                                     HON'BLE MR. JUSTICE YOGESH KHANNA
                                                    ORDER

                                %                   13.12.2021
                                I.A.No.16519/2021

1. In view of the reasons explained, let the requisite court fees be placed on record by the plaintiff within two weeks from today.

2. The application stands disposed of.

I.A.No.16520/2021

3. Exemption allowed, subject to all just exceptions.

4. The application stands disposed of.

CS(COMM) 646/2021 & I.A.Nos.16521-22/2021

5. This suit is filed for foreclosure of the mortgage deed dated 07.06.2018 and sale of the mortgaged property. The defendant no.2, the partner in defendant no.1, is an owner of the entire freehold property bearing no. J-9/55, Village Tatarpur, Rajouri Garden, New Delhi, admeasuring 267.22 sq. yds. with 1/4th stilt parking area. This property was mortgaged to secure the supply of materials from the plaintiff on security basis. The registered mortgage deed dated 07.06.2018 of this property was executed in favour of the plaintiff. It is alleged the defendant no.1 is a dealer of plaintiff and used to purchase polystyrene and expandable polystyrene for the Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:14.12.2021 15:26 plaintiff for sale to its customers. A total of 54 invoices were raised on the defendant no.1 from February, 2020 to March, 2020 which price the defendant no.1 has not paid. The last date to make payment was 03.05.2020 and that an amount of Rs.5,15,96,180.50 is due against the defendants to foreclose the mortgage deed and hence the plaintiff seeks sale of the mortgaged property to recover its outstanding amount.

6. In the circumstances, issue notice to the defendants through all modes including email/whatsapp returnable on 15.03.2022 before the learned Joint Registrar and in the meanwhile the status quo qua the title and property of the subject property be maintained.

7. Compliance of Order XXXIX Rule 3 CPC be made by plaintiffs within 10 days.

8. Upon completion of service/pleadings, the matter be listed before this Court.

9. Order dasti.

YOGESH KHANNA, J.

DECEMBER 13, 2021 DU Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:14.12.2021 15:26

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Delhi High Court - Orders