Order 6

Order Details: COPY OF ORDER
Pdf Text: CS (COMM) No. 999/2023
URMILA GUPTA VS. RISHI KUMAR GOEL
16.01.2024
Case is received by way of transfer vide order dated 09.01.2024
passed by the Ld. Principal District & Sessions Judge, Central,
THC, Delhi.
Present: Sh. Praveen Maheshwari, Ld. Counsel for the
plaintiff along with Sh. Amit Gupta, son of the
plaintiff in person.
Sh. Sachin Aggarwal, Ld. Counsel for the defendant
no. 1 and 2.
Sh. Aditya Choudhary, Ld. Counsel for the
defendant no. 3 and 4
Written statement along with affidavit of
admission/denial and statement of truth and vakalatnama filed on
behalf of the defendant no. 1 and 2. Copy supplied. Let the
replication be filed within 4 weeks with advance copy.
Arguments heard on the application of the defendant
no. 3 and 4 under Order VII rule 11 CPC seeking rejection of
plaint against them for want of any cause of action. As per the
plaint, the plaintiff gave financial help or investment to defendant
no. 1 and defendant no. 1 is trying to wind up his business and
intends to invest in the business run by the defendant no. 3 in the
name of the defendant no. 4. There is no averment in the plaint
that the defendant no. 3 took any financial assistance from the
plaintiff to run his business under the name of the defendant no.
4. The plaint does not disclose any cause of action against the
defendant no. 3 or his proprietorship firm/defendant no. 4. The
plaint is rejected against the defendant no. 3 and 4. The
application stands disposed of. Amended memo of the parties be
filed.
...contd.2
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Put up for admission/denial and framing of issues on
29.02.2024.
(AMIT KUMAR)
District Judge, Comm. Court-08
Central, Tis Hazari Courts Extension Block, Delhi
16.01.2024
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