Order 15

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) 1585/23
NARINDER SINGH Vs. R.R. AGENCIES
13.11.2024
Present: Sh. Sanjay Kumar, AR of plaintiff along with
Ld. Counsel Ms. Stuti Wason.
Sh. K.K. Sharma, Ld. Counsel for defendant.
AR of plaintiff/PW1 is present for his further
examination, but an application stands filed through e-filing on behalf
of plaintiff under Section 151 r/w Order XI Rule 1(2) CPC for placing
on record some left out leafs of invoices etc. Besides this application
and documents, one declaration of plaintiff under Order 11 Rule 6(3)
of the Commercial Courts Act with an additional certificate under
Section 63 of the BSA, 2023 also stand received through e-filing.
Hard copies of above application and documents have been placed on
record today and copies have also been supplied to Ld. Counsel for
defendant.
Let plaintiff to file another formal application for placing
on record the above additional declaration and certificate as additional
documents within a week from today and advance copy thereof be
also supplied to Ld. Counsel for defendant.
Though Ld. Counsel for defendant has objected to filing
of the above application(s) on ground that this is an excuse to get the
proceedings delayed and to seek an adjournment, but he has also
stated that he wants to file reply to the above application(s).
In view of above and though the request for adjournment
has been opposed by Ld. Counsel for defendant, the matter is directed
to be listed on 13.12.2024 for reply/arguments on the above
application(s)/request of plaintiff for taking on record additional
documents.
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At this stage, Ld. Counsel for defendant has objected to
the above direction of court to Ld. Counsel for plaintiff to file an
application for taking on record the above additional declaration and
certificate on ground that it amounts to an advice by the court.
He has been told that his above submission is wrong and
untenable and the above direction has been given as through that
application the plaintiff has to explain the reasons for not filing the
above documents on record earlier and in view of the court, non filing
of the said application was only due to some inadvertence or mistake
on the part of Ld. Counsel for plaintiff.
It is necessary to make observations here regarding the
conduct of Ld. Counsel for defendant as on the previous date also, he
has placed on record some letter/complaint sent by him on
administrative side of the Hon’ble High Court against this court. It
was with reference to the proceedings on a prior date and even his
conduct on that date was not proper, though it was not taken or
reflected on record. He has been told that his behaviour in court in
objecting to each and every order or direction of the court is not
acceptable and he has to mend it and if he has any grievance or lack
of faith in court, he can take appropriate steps on administrative side
or on judicial side for getting the case transferred to some other court.
However, he states that he has full faith in the court.
(M. K. Nagpal)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/13.11.2024(s)
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