Order 6

Order Details: COPY OF ORDER
Pdf Text: 29
Civ suit 250/23
Barnali Das Vs. Deepa Sharma Centre Incharge Shaki
06.09.2023
Present: Petitioner in person with Ld. Counsel Sh. Arun Chaudhary.
Ms. Kalpna Chauhan, Ld. Counsel for defendant no. 2 and 3.
Ms. Sonia Arora, Ld. LAC for defendant no. 1.
Sh. Satender Kumar, Ld. Counsel for defendant no. 4 and 5.
Defendant no. 6, SHO PS Preet Vihar in person.
Arguments heard on application under Order 8 Rule 1 r/w 151
CPC on behalf of defendant no. 2 and 3 as well as defendant no. 6.
Counsel for plaintiff has submitted that he has no objection if their
respective application is allowed and their WS is taken on record. Counsel
for plaintiff has further submitted that for the delay in filing WS by
defendants, the plaintiff should be compensated with heavy cost.
Considering the submissions of parties, the delay in filing WS
by defendant no. 2, 3 and 6 is hereby condoned and each of defendant no.
2, 3 and 6 is burdened with the cost of Rs.1,500/ each to be paid by each
of them to the plaintiff on the NDOH.
WS filed by defendant no. 2, 3 and 6 is taken on record.
On the last date of hearing, one application was filed by
defendant no. 4 and 5 under Order 8 Rule 1 CPC for taking WS filed by the
defendant no. 4 and 5 filed on record.
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Counsel for plaintiff has submitted that he has already
received the copy of the same.
Submissions heard.
It is submitted by counsel for defendant no. 4 and 5 that in the
interest of justice, delay in filing WS by defendant no. 4 and 5 be condoned
and their WS should be taken on record.
Counsel for plaintiff has submitted that he has no objection for
WS filed by defendant no. 4 and 5 in between dates be taken on record
subject to heavy cost.
In the interest of justice, considering the submissions of
parties, the order dt. 11.07.2023 is recalled and WS filed by the defendant
no. 4 and 5 is taken on record subject to cost of Rs.1,500/ each to be paid
by defendant no. 4 and 5 to plaintiff on the NDOH.
Counsel for plaintiff seeks adjournment for filing replication of
the WS.
Put up on 04.12.2023.
(MAYANK MITTAL)
ACJcumCCJcumARC(E)
KKD Courts, Delhi/06.09.2023
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