Final Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: RP (Civil) No. 04/2025
Delhi Urban Shelter Improvement Board Vs. Nageshwar Sharma
21.04.2025
Present : Sh. Vinay Rathi, Counsel for the applicant/
defendant.
Sh. Sahil Goel, Counsel for the plaintiff/respondent.
This application for review of judgment and decree
dated 07.01.2025 is filed by the applicant/defendant. Ld. Counsel
for the plaintiff/respondent submits that he does not wish to file
reply to the application.
Arguments heard and gone through the record.
It is argued by the Ld. Counsel for the applicant that
the defendant was not granted opportunity to argue the matter.
The contention appears to have no substance as on 07.01.2025,
none appeared for the defendant to address the arguments since
morning despite repeated calls and accordingly, the judgment
was passed at 4 pm. The other contention of the Ld. Counsel for
the applicant remained that as the PW1 has deposed that plaintiff
is a company during cross examination, the suit is liable to be
dismissed. The submission of the Ld. Counsel for the applicant
does not have any substance in view of the documents on record,
which is well within the domain and knowledge of the defendant.
As regards the argument of the Ld. Counsel for the applicant that
the matter was not referred for settlement before Dispute
Redressal Committee as per clause 26 of the NIT for resolving
the grievances, the issue no. 3 is dealt in detail in this regard in
the judgment. There appears to be no ground for review of the
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judgment as prayed in the application. The application/review
petition is dismissed.
File be consigned to Record Room.
(Gorakh Nath Pandey)
District Judge (Commercial Court)-08
Central, Tis Hazari Courts, Delhi
21.04.2025
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