Interim Order 8

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 15 CS SCJ 447/24 Mahender Singh Vs. M/s Kiara Textiles
The court is being conducted physically as well as virtually.
29.07.2025
Present: Sh. Mukesh Mishra, Ld. counsel for plaintiff.
Sh. Anurag Chauhan, Ld. counsel for defendant no.1
( through VC).
Sh. Hrithik Goyal, Ld. counsel for defendant no.2.
Sh. Anurag Chauhan is seeking a discharge from the
present case, stating that he is no longer in contact with
defendant no.1.
In view of the aforesaid submissions, Sh. Anurag
Chauhan is hereby discharged.
At this stage, it is stated by counsel for defendant
no.2 that he has moved an application seeking deletion of
defendant no.2, which is pending consideration as on date.
Reply to the said application is stated to have been
filed.
It is stated by counsel for defendant no.2 that on
10.08.2022, admittedly, while depositing money in his bank
account through ATM, plaintiff inadvertenly deposited the said
amount in the account of defendant no.1. That, the error was
attributable only to the plaintiff and defendant no.2 did not have
any role to play in it. That, defendant no.2 has been unnecessarily
impleaded as a party in the present case, although, no relief has
been sought against defendant no.2. That, defendant no.2 is
neither a proper, nor a necessary party and hence, defendant no.2
may be deleted from the array of parties.
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Counsel for plaintiff concedes to the arguments of
counsel for defendant no.2. He further states that he has no
objection if defendant no.2 is deleted from the array of parties.
In view of the facts and circumstances of the case as
well as submissions made by both the counsels, this court is also
in agreement that defendant no.2 is neither a proper, nor a
necessary party and is accordingly deleted from the array of
parties.
Application stands disposed off.
Since, nobody is appearing on behalf of defendant
no.1 now, let fresh court notice be issued to defendant no.1
returnable for NDOH.
List on 03.09.2025.
(SANA KHAN)
Civil Judge-05/Central/THC
29.07.2025
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