Order 8

Order Details: COPY OF ORDER
Pdf Text: CS 562/23
TOYAZ KUMAR SINGH
Vs.
SWATI UPADHYAY
21.08.2025
Present : Mr. Vikram Singh Bhatia, Ld. Counse for plaintiff.
Mr. Nishant Shastri, Ld. Proxy counsel for
defendant no.1 along-with the defendant no.1.
Mr. Aliya Durafshan, Ld. Counsel for defendant
no.2. (Joined through VC)
Previous cost paid by defendant no.1 and defendant
no.2 to the plaintiff.
Replication qua WS of defendant no.2 filed on
behalf of the plaintiff. The same is taken on record. Copy
supplied.
However, Ld. Counsel for defendant no.2 submits
that copy of replication received is not legible.
Ld. Counsel for plaintiff undertakes to supply
legible copy of the same to defendant no.2 within one week from
today. Ld. Counsel for plaintiff further seeks some time to file
affidavit of admission-denial of documents. Let the same be filed
within four weeks from today with advance copy to Ld. Counsel
for the defendant no.2.
The matter is fixed for addressing arguments on the
application u/O VII Rule 11 CPC filed by defendant no.1.
However, at this stage Ld. Counsel for plaintiff as
well as defendant no.1 submits that they have settled their
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disputes vide MoU dated 07.02.2024. Copy of said MoU is
already on record.
In view of the settlement arrived, defendant no.1
submits that she does not wish to pursue the application u/O VII
Rule 11 CPC. Further, Ld. Counsel for plaintiff submits that on
instructions, he wishes to withdraw the present suit qua
defendant no.1. Separate statements of defendant no.1 as well as
Ld. Counsel for plaintiff are recorded to this effect.
In view of the statements, the application u/O VII
Rule 11 CPC filed by the defendant no.1 is disposed of as
withdrawn and present suit stands disposed of qua defendant
no.1.
Put up on 05.01.2026 for completion of pleadings/
framing of issues/ proposed issues, if any.
(Hem Singh)
District Judge-01
(East)/KKD/Delhi/21.08.2025
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