Interim Order 11

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 15
CS 430/24
ANUVEETA DATTA CHOWDHURY Vs. ARVIND
12.07.2025
Present : Sh. Satyaarthi Sinha, Ld. Counsel for the plaintiff
with plaintiff.
Sh. Manish Mishra, Ld. Counsel for the defendant
no.1.
Ms. Vishuruti Sahani, Ld. Counsel for the defendant
no.2 (through VC).
Sh. Sahil, Ld. Counsel for the defendant no.3
(through VC).
Sh. Rahul Arya, Ld. Counsel for the defendant no.4
(through VC).
After LDOH, physical copy of vakalatnama, written
statement alongwith condonation application for delay in filing
written statement on behalf of defendant no.2 alongwith reply to
the application under Order XXXIX Rule 1 and 2, filed on behalf
of defendant no.2 on 10.07.2025. Copy supplied to opposite
party.
Today, an application under Section 151 CPC
moved on behalf of defendant no.1 for condonation of delay in
filing written statement on behalf of defendant no.1. Copy
supplied.
-- 1 of 3 --
Arguments heard on the aforesaid applications for
condonation of delay in filing written statement on behalf of
defendant no. 1 and 2.
Application for condonation of delay in filing
written statement on behalf of defendant no.1.
Perusal of the record shows that copy of plaint
alongwith annexures received by defendant no. 1 on 28.11.2024
and written statement on behalf of the defendant no. 1 filed on
15.03.2024 which is beyond 30 days but within 120 days.
Considering that irreparable loss would be caused to the
defendant no. 1, if the written statement is not taken on record,
therefore, in the interest of justice, application under Section 151
CPC for condonation of delay in filing written statement on
behalf of defendant no.1 stands allowed subject to cost of Rs.
3000/- to be paid to the plaintiff and delay in filing written
statement on behalf of defendant no. 1 is condoned and written
statement filed on behalf of the defendant no. 1 is taken on
record.
Application for condonation of delay in filing
written statement on behalf of defendant no.2.
Perusal of the record shows that defendant no.2 was
formally impleaded in the present suit vide order dated
22.04.2025 and written statement on behalf of the defendant no.
2 was filed on 01.07.2025 through e-filing portal which is
beyond 30 days but within 90 days. Considering that irreparable
-- 2 of 3 --
loss would be caused to the defendant no.2, if the written
statement is not taken on record, therefore, in the interest of
justice, application under Section 5 of Limitation Act for
condonation of delay in filing written statement on behalf of
defendant no.2 stands allowed and delay in filing written
statement on behalf of defendant no. 2 is condoned and written
statement filed on behalf of the defendant no. 2 is taken on
record.
Arguments heard on the application under Order
XXXIX Rule 1 and 2 CPC.
Ld. Counsel for defendant no. 3 and Ld. Counsel for
the defendant no.4 submit that impugned content has been
removed from the website of defendant no.4.
Ld. Counsel for the defendant no.2 seeks time to
take instruction from management of defendant no. 2 regarding
presence of link of the impugned content on the google search.
Put up for order on application under Order XXXIX
Rule 1 and 2 on 24.07.2025.
(SOMITRA KUMAR)
DJ-06,EAST/ KKD COURTS
DELHI/12.07.2025 (s)
-- 3 of 3 --