Order 28

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (Comm) No. 997/2023
Amit Gupta Vs. Rishi Kumar Goel
CS (Comm) No. 999/2023
Urmila Gupta Vs. Rishi Kumar Goel
CS (Comm) No. 1055/2023
Mamta Rani Vs. Rishi Kumar Goel
07.04.2025
Present : Sh. Hemant Kumar Chaturvedi, Counsel for the
plaintiffs.
Sh. Sachin Aggarwal, Counsel for the defendant.
The case is fixed for DE but neither any affidavit of
DW is filed till today nor advance copy supplied to the counsel
for the plaintiff pursuant to the order dated 24.02.2025 and
17.03.2025. An application seeking adjournment like on the last
date of hearing is filed by the defendant on the ground that he has
challenged the order of this court dated 24.02.2025 before
Hon’ble Delhi High Court. He has also placed on record the
order of Hon’ble Delhi High Court in CM (Main) No. 606/2025
wherein there is no reference of any stay of the proceeding before
this court. On the last date of hearing also, the matter was
adjourned on the request of the defendant on similar ground of
challenging the order before Hon’ble Delhi High Court. The
matter cannot be adjourned merely on the pretext that some order
is challenged before Hon’ble Delhi High Court unless the
proceeding is stayed therein. Ld. Counsel for the defendant
submits that short date was given by Hon’ble Delhi High Court
and the matter is kept in supplementary list implies that the
proceeding is stayed, such contention is baseless and
unsubstantial. As the defendant filed to assign any reason for not
filing the affidavit nor supplying the advance copy of the DW, in
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the interest of justice, last and final opportunity is given to the
defendant for DE, subject to cost of Rs. 5,000/- (each case). In
case the affidavit of the DW is not filed within two weeks with
advance copy to the counsel for plaintiff, no further opportunity
shall be granted for DE and DE shall be automatically closed.
Cost be paid on the next date of hearing.
Put up for DE on 09.05.2025.
(Gorakh Nath Pandey)
District Judge (Commercial Court)-08
Central, Tis Hazari Courts, Delhi
07.04.2025
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