Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (Comm) No. 763-24
Dharamen M Shah Vs. Innovative Textile Ltd.
16.12.2024
Present:- Ms. Ranjan Doshi, Ld. Counsel for plaintiff.
Sh. Kapil Kumar, Ld. Counsel for defendant.
Defendant has filed affidavit of admission-denial of
documents & written statement alongwith an application u/s 5 of
Limitation Act for condonation of delay in filing the written statement
on 13.12.2024.
Ld. Counsel for plaintiff has filed replication, affidavit
of admission-denial of documents and reply to the application u/s 5 of
Limitation Act.
Arguments heard on the aforesaid application.
It is argued by learned counsel for defendant that
defendant has been served on 09.09.2024 and thereafter defendant has
filed an application for supplying legible copy and same were supplied
only on 18.10.2024 and thereafter WS is prepared and filed through
online on 26.11.2024 and physical copy filed on 13.12.2024, hence,
there is delay of 12 days in filing WS. He further argues that defendant
is situated at Nagpur due to which time took place in coordination and
receiving the documents.
On the other hand, Ld. Counsel for plaintiff argues that
defendant was served on 09.09.2024 and the original of the alleged
illegible documents, which defendant sought, were with the defendant
itself and defendant was aware of the same and defendant has
sufficient time to file WS.
I have heard submission and perused the record.
I am not agree with the contention of Ld. Counsel for
plaintiff that since the original of the documents were in possession of
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the defendant, therefore, the period to file WS will start from the date
of service i.e. 09.09.2024 and not from 18.10.2024. As far as delay of
remaining period is concerned, considering the reason for delay, which
does not appear to be entire unsatisfactory, I allow the application and
take WS on record subject to cost of Rs. 2,500/- to be paid to plaintiff.
Case management hearing held.
From the pleadings of the parties and documents,
following issues are framed:-
1. Whether the plaintiff has supplied poor and inferior quality of
goods to the defendant vide invoice no. 481/2022-23, if so
what effect ? OPD
2. Whether the plaintiff is entitled to decree for recovery of Rs.
7,34,432/- ? OPP
3. Whether the plaintiff is entitled to interest on the aforesaid
amount from 01.04.2023 to 30.06.2024, if so at what rate ?
OPP
4. Whether the plaintiff is entitled to pendentelite and future
interest, if so, at what rate ? OPP
5. Whether the cost is to be awarded, if so to whom and what
amount ? Onus upon the parties
6. Relief.
No other issue arises or pressed.
Now to come up for PE / further case management
hearing on 10.01.2025. List of witnesses be filed within a week.
Evidence affidavit of witnesses be filed a week prior to the next date
of hearing and advance copy be supplied to opposite party before
filing in the Court and proof of service be also filed.
(Sanjeev Kumar Aggarwal)
District Judge (Commercial Court)-01,
Central, Tis Hazari Courts,
Delhi/16.12.2024
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