Interim Order 10

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM.) No. 146/22
CANARA BANK Vs. PINKI BANSAL
09.02.2023
Present: None for Plaintiff.
Defendant with Sh. Mridul Kashyap, Ld. Proxy
Counsel.
Be awaited.
GURVINDER PAL SINGH
District Judge (Commercial Court)-02
Patiala House Court, New Delhi.
09.02.2023(vkp)
Called again.
Present: Sh. Manoj Kumar Arora, Ld. Counsel for
Plaintiff.
Defendant with Sh. Mridul Kashyap, Ld. Counsel
has filed vakalatnama for defendant.
Heard. Perused.
On 24.12.2022, plaintiff through Counsel had filed
(1) replication and (2) application under Order XII Rule 6 and
Order XIII-A Rules 3 and 4 r/w Section 151 CPC and Order VIII
CPC.
In the course of submissions, Ld. Counsel for
plaintiff has given in writing at the border of the first page of the
above said application of plaintiff under Order XII Rule 6 and
Order XIII-A Rules 3 and 4 r/w Section 151 CPC and Order VIII
CPC, to withdraw it with liberty to file afresh.
Accordingly, above said application of plaintiff
under Order XII Rule 6 and Order XIII-A Rules 3 and 4 r/w
Section 151 CPC and Order VIII CPC is dismissed as withdrawn
with liberty prayed for.
Contd:-
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CS (COMM.) No. 146/22
CANARA BANK Vs. PINKI BANSAL
:2:
Replication filed by the plaintiff is not supported by
the requisite statement of truth namely the affidavit set out in the
Appendix I under First Schedule in terms of Order VI Rule 15A
and Order XI Rule 1 (3) of CPC for commercial dispute of a
specified value and for doing the same is the mandate of
legislature; whereas there is sub Rule (5) of Order VI Rule 15A
of CPC for striking out a pleading which is not so verified as
above said.
Ld. Counsel for plaintiff seeks adjournment for
taking appropriate steps and moving appropriate application and
also submits that AR of plaintiff bank could not appear today as
he is suffering from Typhoid.
As prayed, fixed 10.04.2023 for case management
hearing and framing of issues.
This order be uploaded on the website of the Delhi
District Courts.
GURVINDER PAL SINGH
District Judge (Commercial Court)-02
Patiala House Court, New Delhi.
09.02.2023(vkp)
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