Interim Order 8

Order Details: COPY OF ORDER
Pdf Text: CS. No.21/23
CENTRAL BANK OF INDIA Vs. SURENDER
29.07.2024
Present: Ld. Proxy Counsel for plaintiff.
None for the defendant no.1.
Sh. Varun Sharma, Ld. counsel for defendant no.2/MCD.
Right of the defendant no.1 to file written statement was closed
vide order dated 19.10.2023.
Perusal of the file shows that the defendant has appeared on
04.08.2023 and thereafter, he stopped appearing in the present case. It
appears that defendant no.1 (Surender) is not interested in contesting the
present suit. Therefore, suit is proceeded ex-parte against defendant no.1
under Order 9 Rule 6(a) of CPC.
Neither the manager of the plaintiff has appeared nor the ld.
proxy counsel Sh. Arvind Kumar Jha is aware about the present case. He has
submitted that MCD has been removed from array of parties, however, he
could not point out any order to that extent.
Ld. counsel for defendant no.2/MCD has submitted that no
such order has been passed till date.
It is submitted on behalf of ld. counsel for MCD that the
defendant is not even the employee of MCD.
The court has perused the documents annexed with the plaint
and the other documents filed by the plaintiff which shows that defendant no.1
has nothing to do with the defendant no.2/MCD. In such circumstances, it
appears that plaintiff has wrongly made the defendant no.2 a party in the
present case. Accordingly, defendant no.2/MCD is hereby removed from
the array of parties.
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A cost of Rs.5,000/- is hereby imposed upon plaintiff to be
deposited in DLSA (Central). Let receipt thereof be filed within two weeks
from today.
Plaintiff is also directed to file the amended memo of
parties within two weeks from today.
Put up for ex-parte plaintiff's evidence, on 14.10.2024. It is
clarified that no adjournment shall be granted for the purpose fixed on
next date of hearing and upon request for adjournment right to lead
evidence shall be closed.
Bharat Aggarwal
CJ-08 (Central)
29.07.2024/Delhi
At 12:55 PM
At this stage, Sh. Ramraghvendra, Ld. Counsel for plaintiff has
appeared along with Sh. J.K. Jha, Branch Manager.
Put up on date fixed.
Bharat Aggarwal
CJ-08 (Central)
29.07.2024/Delhi
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