Order 6

Order Details: COPY OF ORDER
Pdf Text: Cs No. 431/22
Pawan Kumar Jain vs Virender Kumar Jain
31.05.2024
Present: Sh. Kunal Jain, Ld. counsel for the plaintiff.
Sh. Ajay Kapoor, Ld proxy cousnel for the defendasnt no.1, 4, 5,
6, 7 and 8 alongwith defendant no. 4 and 8 in person.
Defendant no. 3 in person.
Defendant no. 2 is already ex-prate.
None for the defendant no.9.
None has appeard on behalf of the defendant no.9. Accordingly,
defendant no. 9 is hereby proceeded ex-parte.
Today, WS filed onbehalf of defendant no. 1, 4, 5, 6 and 7 afresh
alongwith affidavits of the defendant no. 4, 5, 6 and 7 and the power of
attorneys executed by the defendant no. 5, 6 and 7, in favour of defendant no.4.
Copy supplied.
Ld. counsel for the defendant no. 1, 4, 5, 6, 7 and 8 submits that
the SPA executed by defendnt no.1 in favour of defendant no. 4 shall be filed
during the course of the day. Let the same be filed before 03:00 P./M. Today.
WS on behalf of the defendant no.1, 4, 5, 6 and 7 has been signed
by defendant no. 4.
Persual of the record shows that the SPAs so filed alongwith the
WS on behalf of defendant no. 1, 4, 5, 6 and 7, have only been executed on
16.05.2024, therefore, the defendant no. 4 had no authority to sign the WS on
behalf of defendant no. 1, 5, 6 and 7 prior to the said date. So in effect, WS in
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respect of defendant no. 1, 5, 6 and 7 has only been filed today (subject to
filing of SPA executed by defendant no.1). Further, the said WS being filed
after the passage of 30 days, has to be supported with an application for
condonation of delay, which has not been filed by the defendants. Accordingly,
the WS cannot be taken on record.
It is submitted by Ld. counsel for the defendant no. 4, that the
statement of account in respect of bank account of the society in Bank of
Baorda, Shakarpur Branch cannot be filed as the plaintiff is the authorized
signatory in the said account and same cannot be procured without the
signatures of the defendant. Plaintiff is directed to file the same by the next
date of hearing with advance copy to the opposite side.
Today, minutes of meeting running into 14 pages has been filed
on behalf of defendant no. 4 and it is submitted that these are mintues of
meeting in respect of meetings held by ad-hoc committee since 14.05.2023.
Copy supplied. It is further submtited that some time may be given to file the
record in respect of annual function of Panchkalyanak of the Mandir held on
16.06.2023, Chamavani Function held in September/October, 2023 and the
original copies and record of the forms taken and receipts issued to the newly
enrolled members between 14.05.2023 to 30.06.2023.
Let the same be filed by the next date of hearing with advance
copyi to the opposite side.
Arguments heard on the application under Order 39 Rule 1 and 2
CPC.
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Put up for further arguments on the application under Order 39
Rule 1 and 2 CPC, if any/clarifications, if any/orders on 17.08.2024.
Interim orders, if any, to continue till the next date of hearing.
(VINOD JOSHI)
ACJ-cum-CCJ-cum-ARC (East)
KKD Courts, Delhi/31.05.2024
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