Order 13

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM)801/23
ARANKA INDUSTRIES PRIVATE
LIMITED
Vs.
SEDAN ENGINEERING ENTERPRISE
22.05.2024
Present: Sh. Vijay Singh, ld. Counsel for the plaintiff.
Sh. Manish Biala, Ld. Counsel for the defendant
(joined through VC)
It is stated by Ld. Counsel for the plaintiff that the
replication has not been filed.
Matter is listed for framing of issues and for Case
Management hearing. After perusing the pleadings & documents,
following issues are framed:
(i). Whether the suit is barred by limitation? OPD
(ii). Whether the plaintiff is entitled for the recovery of the
amount as claimed in the plaint? (OPP)
(iii). If the issue no. (ii) is decided in affirmative, whether the
plaintiff is entitled for the pendentelite and future interest, if so
at what rate and for what period? (OPP)
(iv). Relief.
No other issues arises or pressed.
Deliberations on the aspect of case management held.
Following dates are fixed in consultation with Ld. counsels
for both the parties.
1. Examination of plaintiff’s witnesses 11.07.24 & 12.07.24.
2. Examination of defendant’s witnesses 29.07.24
cond..2
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It is jointly agreed by both the parties that they will lead
the consolidated evidence in main suit i.e. CS (Comm) 801/2023
titled Aranka Industries Pvt. Ltd. vs. Sedan Engineering
Enterprises which would include evidence with regard to the
counter claim as well. Compliance be done accordingly.
At the request of Ld. Counsels from both the sides, the
dates for filing of written submission and the dates for advancing
final arguments by counsels from both the sides shall be given
expeditiously by the Court after the conclusion of the evidence
from both the sides.
The parties are directed to file their respective list of
witnesses and the affidavits of the witnesses as well positively
within four weeks and advance copies thereof be supplied to the
opposite party in both the cases.
Put up for PE on 11.07.2024.
(Deepak Garg)
Distt. Judge, (Comm. Court)-09,
Central District, THC : Delhi :22.05.2024
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