Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS No.473/23
Subhash Seth Vs. Amit Verma And Anr.
26-10-2023
Present: Sh. Arvind Kapoor along with Sh. Sachin Kumar
Advocates for plaintiff.
Sh. Sanjay Aggarwal Advocate for both the
defendants.
Vakalatnama filed on behalf of defendant no.2 also.
Same is taken on record.
Counsel of plaintiff states at Bar that he does not
want to file any written reply to application u/o 8
rule 1 r/w Section 151 CPC dated 04.09.2023 filed
by defendant no.1 and he will straight away advance
the arguments on the said application.
With the joint request of both the sides, arguments
on the aforesaid application heard. Record perused.
By way of this application, applicant/defendant no.1
is seeking condonation of delay in filing the WS on
record. It is the undisputed position as emerging
from the record that defendant no.1 was served with
the summons of the suit on 04.07.2023 and filed his
written statement only on 12.09.2023, which is
beyond the period of 30 days from the date of
service.
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During the course of arguments, counsel for non
applicant/plaintiff submits that the application may
be allowed subject to payment of cost.
Having gone through the contents of the application
and after considering the submissions made on
behalf of both the sides, the application is hereby
allowed subject to payment of cost of Rs. 4000/- to
the plaintiff. Subject to payment of cost so imposed
here-in-before, the WS of defendant no.1 is taken on
record.
Let replication, if any, to WS of defendant no.1 be
filed by plaintiff on or before next date with advance
copy to the opposite side.
Record shows that defendant no.2 was duly served
with the summons of the suit on 04.07.2023.
However, the said defendant has failed to file any
WS either within the stipulated time or even till date.
At this stage, an application u/o 1 rule 10 (2) and 13
r/w Section 151 CPC filed on behalf of defendant
no.2. Copy supplied.
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Let written reply, if any, thereto be filed on or before
next date with advance copy to opposite side.
Put up on 12.12.2023 for replication, if any, to WS
of defendant no.1, reply and arguments on the
aforesaid application and also for arguments on
Injunction application.
(Vidya Prakash)
ADJ-09/Central/THC/Delhi
26.10.2023
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