Order 12

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 13 CS (COMM) 1039/24
Naresh Bansal Proprietor Sri Balaji Sales Corporation
Vs.
Rajiv Kumar Proprietor Sahara Traders
10.09.2025
Present: Sh. Madhav Kumar, Counsel for the Plaintiff.
Defendant has already been proceeded ex-parte vide
order dated 04.07.2025.
Matter is today fixed for ex-parte evidence.
Hard copy of the affidavit in evidence of Sh. Naresh
Bansal, Proprietor of plaintiff is filed alongwith list of witnesses (e-
filed on 29.07.2025).
Hard copy of an application u/s 151 of CPC seeking
waiver of the costs imposed vide order dated 01.08.2025 has been
filed (e-filed on 11.08.2025).
Heard.
By way of application, waiver of the application is
sought on the ground that plaintiff suddenly fell ill and therefore could
not appear before the Court. No medical document has been attached
in support of the averment. Thus, no plausible ground has been made
for the waiver of the imposed costs. However, considering the fact
that matter is ex-parte and it is the plaintiff who delay the trial of the
case, the costs is reduced and plaintiff to deposit a costs of Rs.2,000/-
with DLSA, Central and order dated 01.08.2025 is modified to that
extent. Application is disposed off accordingly.
Plaintiff is examined as PW1 and is discharged.
No other witness is present.
Be put up for remaining ex-parte evidence on
13.10.2025.
(Devendra Kumar Sharma)
District Judge (Commercial Court-03)
Central/ THC/ Delhi
10.09.2025
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