Order 10

Order Details: COPY OF ORDER
Pdf Text: Item no.7
CS(Comm) No.98-2024
Prabh Dayal Om Parkash Infrastructure Ltd. vs.
Municipal Corporation Gurugram
12.11.2024
Present : Mr. Rajesh Kumar, ld counsel for plaintiff along with
A.R.
Mr. J.K. Tripathi, ld counsel for defendant with Mr.
Prem Singh, A.E on behalf of MCD.
Admission and denial of documents conducted.
The documents are exhibited as per the admission/denial of
documents.
On the basis of the pleadings of the parties and after
hearing ld counsels for the parties, the following issues are being
framed for adjudication:
ISSUES:
(1) Whether the suit of the plaintiff is not filed in
the court of jurisdiction on account of the fact
no cause of action has arisen within the
jurisdiction of this court? (OPD)
(2) Whether the suit of the plaintiff is pre-mature
on account of non-access of the defendant for
inspection of the installed dustbins, if so, its
effect?(OPD)
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(3) Whether the plaintiff is entitled to recover an
amount of Rs.14,53,500/- against the defendant ?
(OPP)
(4) Whether the plaintiff is entitled to any interest
on such amount, if so, at what rate and for what
period? OPP
(5) Relief.
No other issue arises or is pressed upon.
Now to come up for Case Management
Hearing on 18.12.2024 as prayed for by both the parties. Ld
counsels for the parties may sit together to decide the tentative
dates of trial.
(Mukesh Kumar Gupta)
District Judge (Commercial Court) -07
Central District, THC, Delhi/12.11.2024	Central District, THC, Delhi/12.11.2024‘‘rk’	rk’
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