Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Civ Suit 384/24
BALBIR SINGH Vs. M/S VKS AND S LEASING AND
FINANCE PVT LTD
31.08.2024
Present: None for plaintiff.
Sh. Rishabh Gulati, Ld. Counsel for defendant no. 1.
None for defendant no. 2.
Written statement alongwith reply to application u/o
XXXIX Rule 1 & 2 CPC has been filed on defendant no. 1. The
defendant has also filed an application u/s 5 r/w Section 8 of
Arbitration and Conciliation Act.
Extra copy of written statement; reply to application
u/o XXXIX rule 1 & 2 CPC and application u/s 5 and Section 8 of
Arbitration and Conciliation Act has been placed on record.
Plaintiff is at liberty to collect the same from the
Ahlmad of this court.
It appears from the record that defendant no. 1 has
filed the appearance on 28.05.2024 and there is a delay in filing the
written statement.
Ld. Counsel for defendant no. 1 submits that he will
an appropriate application seeking condonation of delay in filing
the WS.
He further submits that on the last date of hearing viz
28.05.2024, ad interim injunction was granted in favour of the
plaintiff restraining the defendants from taking forcible possession
of auto rickshaw bearing no. DL 1RAA 2558 till the NDOH. He
submits that the averment of the plaintiff that the entire loan
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amount has been paid except Rs. 35000/- is in respect of vehicle no.
DL 1RV 8337. He has urged that in any event, the order may be
modified to the extent that the defendant shall not take the
possession of the auto rickshaw bearing no. DL 1RAA 2558
without following due process of law.
Submissions heard. Record perused. The order dated
28.05.2024 restrained the defendant from taking the forcible
possession of auto rickshaw bearing no. DL 1RAA 2558 till the
NDOH. None has appeared on behalf of plaintiff today to pursue
the case.
The prayer made by Ld. Counsel for defendant no. 1,
in my opinion, does not in any manner prejudice the plaintiff. In
view thereof, the order dated 28.05.2024 stands modified to the
extent that the defendants shall not take forcible possession of auto
rickshaw bearing no. DL 1RAA 2558 without following due
process of law.
Plaintiff is at liberty to file reply to the application of
defendant no. 1 u/s 5 and Section 8 of Arbitration and Conciliation
Act, 1996 with advance copy to other side.
Be put up for arguments on 25.11.2024.
(AYUSH SHARMA)
CIVIL JUDGE/EAST
KKD COURTS/31.08.2024
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