Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: 9 Civ Suit 384/24
BALBIR SINGH Vs. M/S VKS AND S LEASING AND FINANCE PVT
LTD
28.05.2024
Present: Ms. Sonia, Ld. Counsel for the plaintiff.
Ms. Savita Yadav, Ld. Counsel for the defendant no.1.
Ms. Priya, Ld. Counsel for the defendant no.2 through VC.
Fresh Vakalantama filed on behalf of defendant no.1
Summons for defendant no.3 received back with the
report that no such person is residing at the given address. He be
summoned afresh on filing of PF/RC/Speed Post returnable for NDOH.
Ld. Counsel for plaintiff has pressed for ad-interim
injunction in her favour seeking interim injunction against the defendant
restraining it from taking the forcible possession of auto rickshaw
bearing no.DL1RAA2558. She has argued that the plaintiff is in the
possession of the auto rickshaw and has paid the entire loan amount
except Rs.35,000/- She has submitted that she has a prima-facie case
in her favour and irreparable harm will be caused to her if ad-interim
injunction is not granted in her favour.
Ld. Counsel for defendant has sought an opportunity for
filing the reply to application u/o.39 Rule 1 & 2 CPC and WS.
Submissions heard. Record perused.
Considering the fact that the plaintiff is in possession of
vehicle, defendants are restrained from taking the forcible possession of
the auto rickshaw bearing no.DL1RAA2558 till the NDOH.
Be put up for filing of reply and WS on 31.08.2024.
(AYUSH SHARMA)
CIVIL JUDGE/EAST
KKD COURTS/28.05.2024
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10 Civ Suit 941/22
RIYA SHARMA Vs. SMT. SAVITRI SHARMA
28.05.2024
Present: Sh. Rajeev Gupta, Ld. Counsel alongwith the plaintiff.
Ms. Anshu Saxena, Ld. Counsel for all the defendants.
Ld. Counsel for defendant has argued that the plaintiff is
seeking the relief of declaration qua the decree dated 19.08.2020 as null
and void on the premise that the same has been obtained by fraud. She
has asserted that an execution petition in that suit is pending before the
Court of Ld. ASCJ, East District Delhi and objections with regard to the
same issue, have also been filed by the plaintiff herein, being an
objector. She has submitted that the separate suit filed in this court is
thus, not maintainable.
Ld. Counsel for plaintiff seeks some time to argue on the
maintainability of the case.
Be put up on 05.09.2024.
(AYUSH SHARMA)
CIVIL JUDGE/EAST
KKD COURTS/28.05.2024
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