Interim Order 8

Order Details: COPY OF ORDER
Pdf Text: CS (COMM) No. 999/23
URMILA GUPTA Vs. RISHI KUMAR GOEL
20.03.2024
Present: Sh. Praveen Maheshwari, Ld. Counsel for the
plaintiff.
Sh. Sachin Aggarwal, Ld. Counsel for the defendant
no. 1 and 2.
Reply filed by the plaintiff to the application of the
defendant under Order XI (1) (7) CPC. Copy supplied.
Arguments on this application heard.
Through this application, the defendant wants to
place on record one Memorandum of Understanding executed
between the parties. It is stated that this document could not be
filed earlier as was not traceable in the old record and thereafter,
the defendant contacted his Chartered Accountant and then the
Chartered Accountant handed over all the documents, where this
document was lying. It is stated that this MOU is already
mentioned in the WS and case is at initial stage and this should
be taken on record.
Same is opposed by the plaintiff on the ground that
the defendant did not contend in the WS that the document is not
with the defendant and there is no reasonable cause mentioned in
the application and the document is forged and fabricated and
should not be taken on record.
Record shows that the defendant in the WS has
already taken the plea regarding this MOU that it was executed in
writing. The veracity of the document cannot be questioned.
The reason mentioned in the application that the document was
lying with the Chartered Accountant is plausible and further the
case is at initial stage.
...contd.2
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: 2 :
Infacts, the application is allowed and the documents
is taken on record.
Put up admission/denial of documents and framing
of issues on 16.04.2024.
(AMIT KUMAR)
District Judge, Comm. Court-08
Central, Tis Hazari Courts Extension Block, Delhi
20.03.2024
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