Order 7

Order Details: COPY OF ORDER
Pdf Text: CS (COMM) No. 1100/2024
M/s Shiva Milk Foods Vs. Asha Ram and Sons Pvt. Ltd.
13.05.2025
Present: Ms. Ritu Goyal and Ms. Deepanshi Sharma, Ld. Counsels for
plaintiff.
Sh. Sachin Kumar Jain and Sh. Yashpal, Ld. Counsels for defendant.
Today the case is fixed for final arguments.
Further part final arguments heard.
During the course of hearing of final arguments it is found that PW1
was standing on oath when while answering question no. 46 as to whether he ever
denied having relations with M/s Shiva Enterprises he stated on oath that he never
denied his relations with M/s Shiva Enterprises which is a false statement because
as per copy of affidavit sworn and filed by him in the earlier case as available on
record as Ex.PW1/X1 colly. he has deposed that he had no relations with M/s
Shiva Enterprises. As such notice under Section 379 BNSS (Section 340 Cr.PC)
is being issued to the PW1 as to why perjury proceedings be not initiated against
him for swearing false facts. Reply to the same be filed within two weeks.
Reader/Ahlmad is directed to prepare a separate file.
Both the Ld. Counsels seeks time to carry out further research on the
aspect as to whether can a fresh/independent suit be filed by a defendant against
the plaintiff having missed the opportunity to plead a set off/counter-claim in the
first suit in so as in the suit in hand the plaintiff herein has already suffered a
decree in a suit filed by the defendant herein for Rs. 40 lakhs and the appeal is
subjudice before Hon’ble High Court. In that suit the plaintiff herein neither
pleaded any set off nor preferred any counter-claim and also did not seek leave of
that Court to file a fresh suit/counter claim in terms of Order 8 Rule 9 CPC.
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As prayed, put up for further final arguments on 16.05.2025.
Both the parties are directed to bring original pleadings and all
the original documents for Court’s perusal on next date of hearing.
Next date of hearing is given as per convenience of parties.
(SURINDER S. RATHI)
District Judge
Commercial Court-11
Central District, THC
Delhi/13.05.2025(A)
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