Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) No. 1262/23
S.K. Rahim Vs. M/s Dayal Clotheirs Exports & Ors.
30.04.2024
Present: Sh. Rajeev Gupta and Sh.Archit Gupta, counsels for
the plaintiff alongwith plaintiff.
Sh. Sandeep Kumar, counsel for defendant.
Written statement, statement of truth, affidavit of
admission/denial of documents and list of documents with
documents, filed on behalf of defendants on 28.02.2024, have
been put up today.
Perused the affidavit of admission/denial of
documents filed by defendant. As per record, plaintiff has filed
201 documents in Annexure-P1. The plaintiff has also filed
Annexures-P2 to P5. The affidavit of admission/denial filed by
defendant is devoid of details regarding each and every document
which forms part of additional list of documents filed by plaintiff
on 24.11.2023.
Counsel for defendant submits that at serial no.1 of
the list in the affidavit of admission/denial, all the invoices and
delivery challans which form part of Annexure-P1 have been
denied, however, this is not reflected from the affidavit of
admission/denial filed by defendant. Defendant to file correct
affidavit of admission/denial of documents of plaintiff within one
week from today and also to supply its copy to counsel for
plaintiff.
Plaintiff has also filed replication and affidavit of
admission/denial of documents filed by plaintiff. Copy already
supplied to counsel for defendant. Be taken on record.
Contd...2/-
-- 1 of 3 --
::2::
Defendant is not present for admission/denial of
documents, however, since affidavits of admission/denial have
already been filed, it is deemed appropriate to proceed with the
matter.
Pleadings are complete. From the pleadings of
parties, following issues are framed:-
1) Whether the defendant had supplied fabrics and
designs worth Rs.21,72,800/- to the plaintiff which
have not been accounted for by the plaintiff?
(OPD)
2) Whether the plaintiff failed to pay GST amount of
Rs.3,59,450/- which liability was incurred by
defendant? (OPD)
3) Whether the plaintiff is entitled to decree for
recovery of Rs.30,17,185/- against the defendant,
as prayed for?(OPP)
4) Whether plaintiff is entitled for interest. If yes, at
what rate and for which period? (OPP)
5) Relief.
No other issue arises or pressed for.
Case management hearing held. After consulting
with both the parties, the following schedule for the recording of
evidence and submissions of arguments has been finalized by
consensus:-
1) The evidence of plaintiff's witnesses shall be recorded on
04.06.2024 and 05.07.2024.
Contd...3/-
-- 2 of 3 --
::3::
2) The evidence of defendant's witnesses shall be recorded
on 12.07.2024 and 15.07.2024.
3) Final arguments shall be addressed by the parties on
24.07.2024, as prayed. Each of the parties shall be
granted time not exceeding one hour to address the final
arguments. The plaintiff shall be, however, also granted
ten minutes additional time for rebuttal arguments.
4) Issue wise brief written arguments/submissions be filed
by the parties one week prior to the date of final
arguments with direction to supply advance copy of the
same to learned opposite counsel.
5) Alongwith the written arguments/submissions, a list of
citations, case law with copies be also filed. Advance
copies of the same be supplied to learned counsel for
opposite party. The list of case law be filed in a tabular
form stating the citation and name of the case; the point
relied upon and on what aspect the same is relevant in
the present case specifying para number.
The parties are expected to adhere to the time-line
strictly else adverse consequences may follow in accordance with
the provisions of the Commercial courts Act, 2015.
Both parties shall file the list of witnesses within 15
days from today and shall file their examination-in-chief in Court
at least one week before the date so fixed and shall also supply
copy thereof to the other party at least one week before the date
fixed for evidence. Proof of supply of copy be also filed.
Be listed for PE on 04.06.2024.
(Illa Rawat)
District Judge (Commercial Court-03)
Central/ THC/ Delhi/30.04.2024
-- 3 of 3 --