Interim Order 7

Order Details: COPY OF ORDER
Pdf Text: CS No.87923
VIKAS SHAH Vs. AJAY @ AJAY AHLAWAT
23.03.2024
Present: Ms. Kajal Bhatia and Sh. Krishan Kumar, ld. counsels for
plaintiff.
Sh. Ashish Khatri, Ld. counsel for defendant.
Ld. Counsel for plaintiff submits that despite directions, copy of
written statement has not been supplied till date.
Ld. counsel for defendant submits that the same was already
supplied on email id i.e. legalalsdelhi@gmail.com on 08.02.2024. Screenshot
of the same has been filed. Ld. Counsel for plaintiff seeks some time to verify
the same.
At this stage, Ld. counsel for defendant orally prays for waiver
of costs. It is submitted that as per submissions on 23.11.2023, the summons
were received 15 days back and accordingly, the written statement was filed
on the said date. Thus, it is prayed that written statement was filed well within
time and such exemplary costs should not have been imposed upon the
defendant.
Perusal of the record shows that on 23.11.2023, on the basis
of submissions of Ld. counsel for defendant that the defendant had been
served through WhatsApp, the date of service as received by this Court on i.e.
01.09.2023 was taken as the effective date of service. Accordingly, the written
statement was taken on record subject to costs of Rs.1,000/. Further due to
nonsupply of the said copy of written statement to the opposite side, an
additional cost of Rs.500/ was imposed on the next date i.e. 02.02.2024.
In the given circumstances, the Court is not inclined to waive
off the said costs. Application is disposed off as dismissed. Let the costs be
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paid on the next date of hearing.
At this stage, Ld. counsel for defendant prays for imposition of
costs upon the plaintiff owing to submissions made today qua nonreceipt of
written statement. However, the Court is not inclined to impose any costs.
Matter is adjourned for filing of replication, with advance copy
of the same to opposite party, admission/denial of documents as well as for
framing of issues, on 03.06.2024. Parties are directed to file affidavit of
admission/denial of documents as well as proposed issues on or before the
next date of hearing.
Payal Singal
CJ08 (Central)
23.03.2024/Delhi
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