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CS (COMM.) - CIVIL SUIT (COMMERCIAL)

MATRIX GUARDTECH PVT LTDVsMIST DIRECT SALES PVT LTD

CNR DLND010027002022763-District Judge (Commercial Courts)-02
CASE DISPOSED
Uncontested--DECREED
Decision Date: 20th March 2024

TrustJury record updated 10 Oct 2026

Case Overview

Registration Number
314/2022
Registration Date
01 Apr 2022

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Civil Procedure Code 1908 · Sec IV · ORDER

    Case History / Proceedings

    Case History
    Date: 01-04-2022
    Business: Fresh e-filed suit is received by random 		allocation. Ld. Counsel for plaintiff seeks adjournment for taking appropriate steps and moving appropriate application.
    		Matter is adjourned for consideration.
    Next Purpose: Misc. cases
    Next Hearing Date: 19-04-2022
    
    Date: 19-04-2022
    Business: Summons are ordered to be issued to the defendant by all permissible modes on taking steps by the plaintiff. Copy of this order is ordered to be also sent with the summons to the defendant.
    Next Purpose: Misc. cases
    Next Hearing Date: 31-05-2022
    
    Date: 31-05-2022
    Business: Defendant is ordered to  be served afresh as per order dated 19.04.2022.
    		Copies of order of today and of date 19.04.2022 are ordered to be sent with the process of defendant.
    		Matter is fixed for further proceedings.
    Next Purpose: Misc. cases
    Next Hearing Date: 26-07-2022
    
    Date: 26-07-2022
    Business: Ld. Counsel for defendant seeks adjournment wanting to take appropriate steps and moving appropriate application.
    		Matter is fixed for	further proceedings.
    Next Purpose: Misc. cases
    Next Hearing Date: 03-09-2022
    
    Date: 03-09-2022
    Business: Matter is fixed for arguments on applications of defendant (1)under Order VIII Rule 1 r/w Section 151 CPC for condonation of delay in filing written statement; (2) under Section 151 CPC seeking permission to place on record fresh statement of truth and (3) under Section 151 CPC seeking directions to place on record fresh affidavit of admission and denial of documents of plaintiff.
    Next Purpose: Misc. Arguments
    Next Hearing Date: 17-10-2022
    
    Date: 17-10-2022
    Business: Matter is fixed for compromise, if any, or in the alternative for case management hearing and framing of issues.
    		AR of parties/parties are directed to appear positively in person on next date of hearing.
    Next Purpose: Case Management Hearing
    Next Hearing Date: 26-11-2022
    
    Date: 26-11-2022
    Business: Adjournment sought
    Next Purpose: Case Management Hearing
    Next Hearing Date: 13-01-2023
    
    Date: 13-01-2023
    Business: Matter is fixed for compromise, if any, or in the alternative for case management hearing and framing of issues.
    Next Purpose: Case Management Hearing
    Next Hearing Date: 02-03-2023
    
    Date: 02-03-2023
    Business: Matter is fixed for case management hearing and framing of issues.Parties/AR of parties are directed to appear positively on next date of hearing.
    Next Purpose: Case Management Hearing
    Next Hearing Date: 17-04-2023
    
    Date: 17-04-2023
    Business: Case Management Hearing is done. Issues are framed. Matter is fixed for scrutiny of affidavits of witnesses of plaintiff.
    Next Purpose: Misc. cases
    Next Hearing Date: 15-05-2023
    
    Date: 15-05-2023
    Business: Matter is fixed for plaintiff evidence.
    Next Purpose: Plaintiff/Petitioner Evidence
    Next Hearing Date: 23-05-2023
    
    Date: 23-05-2023
    Business: Vide Order No. 24/G-I/Gaz.IA/ DHC/2023 dated 16.05.2023 of the Registrar General of Hon\''ble High Court, Delhi received  with Order no. 14839-14957/T&P/Judl./NDD/PHC dated 17.05.2023 of Office of The Principal District & Sessions Judge, New Delhi District, Patiala House Courts, New Delhi, Ld. Presiding Officer has been transferred. Matter is fixed for purpose fixed.
    Next Purpose: Plaintiff/Petitioner Evidence
    Next Hearing Date: 01-07-2023
    
    Date: 01-07-2023
    Business: Matter is fixed for plaintiff evidence.
    Next Purpose: Plaintiff/Petitioner Evidence
    Next Hearing Date: 18-07-2023
    
    Date: 18-07-2023
    Business: Matter is fixed for plaintiff evidence.
    Next Purpose: Plaintiff/Petitioner Evidence
    Next Hearing Date: 05-09-2023
    
    Date: 05-09-2023
    Business: Affidavit of PW1 tendered in evidence. His cross examination is deferred at the request of Ld. proxy counsel for defendant. Matter is fixed for cross examination of PW1.
    Next Purpose: Plaintiff/Petitioner Evidence
    Next Hearing Date: 16-10-2023
    
    Date: 16-10-2023
    Business: PW1 is recalled for cross examination. He is cross examined and discharged. Vide separate statement of Ld. counsel for plaintiff, plaintiff evidence stands closed. Matter is fixed for defendant evidence.
    Next Purpose: Defendant/Respondent Evidence
    Next Hearing Date: 17-11-2023
    
    Date: 17-11-2023
    Business: Defendant evidence.
    Next Purpose: Defendant/Respondent Evidence
    Next Hearing Date: 19-01-2024
    
    Date: 19-01-2024
    Business: Defendant evidence.
    Next Purpose: Defendant/Respondent Evidence
    Next Hearing Date: 05-02-2024
    
    Date: 05-02-2024
    Business: None for defendant despite repeated calls since morning.The defendant is proceeded ex parte. Matter is fixed for ex parte final arguments.
    Next Purpose: Final Arguments
    Next Hearing Date: 12-03-2024
    
    Date: 12-03-2024
    Business: Matter fixed for clarification, if any or for orders.
    Next Purpose: Order
    Next Hearing Date: 20-03-2024
    
    Date: 20-03-2024
    Business: Vide separate judgment of even date, pronounced in the open court today, suit is decreed against the defendant and in favour of plaintiff. File is ordered to be consigned to record room.
    Nature Of Disposal: DECREED
    Disposal Date: 20-03-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 1668/2022
    Filing Date: 31-03-2022
    eFiling Number: ECDLND01006832022
    eFiling Date: 31-03-2022
    First Hearing Date: 01st April 2022
    Decision Date: 20th March 2024
    Court Number And Judge: 763-District Judge (Commercial Courts)-02

    Orders

    41
    Final Order 22
    20 Mar 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM.) NO. 314/2022
    M/S MATRIX GUARDETCH PVT. LTD. VS. M/S MIST
    DIRECT SALKES PVT. LTD.
    20.03.2024
    Present: None for Plaintiff.
    Defendant is already ex-parte, vide order dated
    05.02.2024.
    Vide separate detailed judgment of even date,
    announced in the open Court today, the suit of the plaintiff has
    been decreed in favour of plaintiff and against defendant for an
    amount of Rs. 10,58,100/- along with pendente lite and future
    interest @ 10% p.a. from the date of filing of the suit till its
    realization along with costs.
    Decree sheet be prepared.
    File be consigned to record room, after due
    compliance.
    VIDYA PRAKASH
    District Judge (Commercial Court)-02
    Patiala House Court, New Delhi.
    20.03.2024(v)
    -- 1 of 1 --
    Final Order 21
    20 Mar 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM.) NO. 314/2022
    M/S MATRIX GUARDETCH PVT. LTD. VS. M/S MIST
    DIRECT SALKES PVT. LTD.
    20.03.2024
    Present: None for Plaintiff.
    Defendant is already ex-parte, vide order dated
    05.02.2024.
    Vide separate detailed judgment of even date,
    announced in the open Court today, the suit of the plaintiff has
    been decreed in favour of plaintiff and against defendant for an
    amount of Rs. 10,58,100/- along with pendente lite and future
    interest @ 10% p.a. from the date of filing of the suit till its
    realization along with costs.
    Decree sheet be prepared.
    File be consigned to record room, after due
    compliance.
    VIDYA PRAKASH
    District Judge (Commercial Court)-02
    Patiala House Court, New Delhi.
    20.03.2024(v)
    -- 1 of 1 --
    Final Order 20Full order available
    20 Mar 2024

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: IN THE COURT OF SH. VIDYA PRAKASH DISTRICT JUDGE (COMMERCIAL COURT)-02 NEW DELHI DISTRICT, PATIALA HOUSE COURTS NEW DELHI CS (COMM.) No. 314/2022 CNR NO. : DLND010027002022 IN THE MATTER OF:- M/S MATRIX GUARDETCH PVT. LTD. THROUGH ITS AUTHORIZED REPRESENTATIVE NISCHAL JOSHI MANAGING DIRECTOR HAVING ITS OFFICE AT: C-419, 2nd FLOOR, SECTOR-10, NOIDA-201301 UTTAR PRADESH INDIA. E-MAIL: CORPORATE@MATRIXGUARDTECH.COM ......PLAINTIFF VERSUS M/S MIST DIRECT SALES PVT. LTD. GARRAGE NO. 11 GOLE MARKET, DELHI-110001.…

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    Interim Order 19
    12 Mar 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM.) No. 314/22
    MATRIX GUARDTECH PVT LTD Vs. MIST DIRECT SALES
    PVT. LTD.
    12.03.2024
    Present: Sh. Joby P. Varghese, Advocate for Plaintiff.
    Defendant is already ex-parte, vide order dated
    05.02.2024.
    Ex-parte final arguments heard.
    Ld. Counsel of plaintiff seeks and is granted three
    working days to file brief written synopsis not exceeding two
    pages on record.
    Put up on 20.03.2024 for clarification, if any/orders.
    VIDYA PRAKASH
    District Judge (Commercial Court)-02
    Patiala House Court, New Delhi.
    12.03.2024(v)
    -- 1 of 1 --
    Interim Order 18Full order available
    05 Feb 2024

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS (COMM.) 314/22 MATRIX GUARD TECH PVT LTD Vs. M/s MIST DIRECT SALES PVT. LTD 05.02.2024 Present: Sh. Joby P. Varghese, Advocate for Plaintiff (through video conferencing). None for Defendant. Put up at 11.30 am for appearance of defendant. VIDYA PRAKASH District Judge (Commercial Court)-02 Patiala House Court, New Delhi. 05.02.2024 (v) Called again at 11.35 am. Present: Sh. Joby P. Varghese, Advocate for Plaintiff. None for Defendant despite repeated calls since…

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    Interim Order 17Full order available
    19 Jan 2024

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: 14 CS (COMM.)/314/2022 CNR NO. :DLND010027002022 MATRIX GUARDTECH PVT LTD VS. MIST DIRECT SALES PVT LTD 19-01-2024 Present : Sh. Joby P. Varghese, Advocate for plaintiff (through v/c). Sh. Dhruv Goyal, Advocate for defendant. Heard. File perused. At the outset, counsel appearing on behalf of defendant has informed that previous cost of Rs.3000/- has already been paid to opposite side, which is fairly not disputed by counsel of plaintiff. An application seeking…

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    Interim Order 16
    17 Nov 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM.) 314/22
    MATRIX GUARDTECH PVT LTD Vs. MIST DIRECT SALES
    PVT LTD
    17.11.2023
    Present: Sh. Joby P. Varghese, Ld. Counsel for plaintiff.
    Sh. Ravinder Singh, Ld. Counsel for defendant.
    Ld. Counsel for defendant seeks adjournemnt to lead
    defendant evidence on the ground that affidavit of defendant’s
    witness is ready but could not be filed as he was not in town. Be
    that as it may evidence by way of affidavit of defendant’s
    witnesses has not been filed today.
    For rendering today’s purpose as infructuous, the
    defendant is burdened with cost(s) of Rs. 3,000/- to be paid by
    the defendant to the plaintiff.
    Put up for defendant evidence by way of affidavit(s)
    with last opportunity on 19.01.2024.
    Previous order be complied.
    SANJEEV AGGARWAL
    District Judge (Commercial Court)-02
    Patiala House Court, New Delhi.
    17.11.2023
    -- 1 of 1 --
    Interim Order 15
    16 Oct 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM.) No. 314/22
    MATRIX GUARDTECH PVT LTD Vs. MIST DIRECT SALES
    PVT LTD
    16.10.2023
    Present: Sh. Joby P. Varghese, Ld. Counsel for plaintiff along
    with PW1 Sh. Nischal Joshi.
    Sh. Ravinder Singh, Ld. Counsel for Defendant has
    filed fresh vakalatnama on behalf of defendant.
    PW1 is recalled for his cross examination after it
    was deferred on 05.09.2023. He is cross examined and
    discharged.
    Vide separate statement of Ld. Counsel for plaintiff,
    plaintiff evidence stands closed.
    Put up for defendant evidence by way of affidavit(s)
    on 17.11.2023.
    Ld. Counsel for defendant is directed to file
    evidence by way of affidavit after supply the copy of the same to
    the opposite party.
    SANJEEV AGGARWAL
    District Judge (Commercial Court)-02
    Patiala House Court, New Delhi.
    16.10.2023
    -- 1 of 1 --
    Interim Order 14
    05 Sept 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM.) NO. 314/22
    MATRIX GUARDTECH PVT LTD Vs. MIST DIRECT SALES
    PVT LTD
    05.09.2023
    Present: Sh. Joby P. Verghese, Ld. Counsel for Plaintiff along
    with AR of Plaintiff.
    Sh. Dhruv Goel, Ld. Proxy Counsel for Defendant.
    Ld. Proxy Counsel for defendant has filed memo of
    appearance.
    Affidavit of PW1 tendered in evidence, however,
    his cross examination is deferred at the request of Ld. Proxy
    Counsel for defendant as he submits he has been engaged
    recently.
    Put up for cross examination of PW1 on 16.10.2023
    with last opportunity to the defendant.
    SANJEEV AGGARWAL
    District Judge (Commercial Court)-02
    Patiala House Court, New Delhi.
    05.09.2023
    -- 1 of 1 --
    Interim Order 13
    18 Jul 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM.) No. 314/2022
    M/S MATRIX GUARDETECH PVT. LTD. VS. M/S MIST
    DIRECT SALES PVT. LTD.
    18.07.2023
    Present: None for Plaintiff.
    Sh. Karan Chhiber, Ld. Counsel for Defendant.
    Be awaited for the plaintiff.
    SANJEEV AGGARWAL
    District Judge (Commercial Court)-02
    Patiala House Court, New Delhi.
    18.07.2023
    Called again at 10.30 am.
    Present: Sh. Nishchal Joshi, Managing Director/AR of
    Plaintiff.
    Sh. Karan Chhiber, Ld. Counsel for Defendant.
    AR of plaintiff seeks pass over, submitting his
    Counsel is on the way.
    Be awaited.
    SANJEEV AGGARWAL
    District Judge (Commercial Court)-02
    Patiala House Court, New Delhi.
    18.07.2023
    Called again at 11.05 am.
    Present: Sh. Nishchal Joshi, Managing Director/AR of
    Plaintiff.
    Sh. Karan Chhiber, Ld. Counsel for Defendant.
    -- 1 of 2 --
    -2-
    AR of plaintiff still submits his Counsel is on the
    way.
    However, Ld. Counsel for defendant submits that he
    has to rush to Hon’ble High Court in some other urgent matter
    and he cannot await further for Counsel for the plaintiff.
    In these facts and circumstances, put up on
    05.09.2023 for plaintiff evidence with last opportunity to the
    plaintiff.
    SANJEEV AGGARWAL
    District Judge (Commercial Court)-02
    Patiala House Court, New Delhi.
    18.07.2023
    -- 2 of 2 --
    Interim Order 12
    01 Jul 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM.) No. 314/22
    MATRIX GUARDTECH PVT LTD Vs. MIST DIRECT SALES
    PVT. LTD.
    01.07.2023
    Present : Sh. Job P.Varghese, Ld. Counsel for the plaintiff.
    Sh. Malyaj Sehgal, Ld. Proxy counsel for the
    defendant along with Sh. Amar Dahiya, AR of the
    defendant.
    List of witnesses along with affidavit of PW1 Sh.
    Nischal Joshi has been filed along with certificate u/S. 65-B of
    Evidence Act on behalf of the plaintiff. Copy supplied to the
    opposite party in the court today only. However, the said
    witness / PW1 has not come.
    As per the schedule, today the matter was to be
    listed for supplying the advance copy of affidavits of defendant's
    witnesses. In these circumstances, it appears that the schedule
    has already gone haywire.
    Therefore, now to come up for plaintiff's evidence
    on 18.07.2023, the date already fixed in this case.
    SANJEEV AGGARWAL
    District Judge (Commercial Court)-02
    Patiala House Court, New Delhi.
    01.07.2023
    -- 1 of 1 --
    Interim Order 11
    15 May 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM.) No. 314/22
    MATRIX GUARDTECH PVT LTD Vs. MIST DIRECT
    SALES PVT LTD
    15.05.2023
    Present: Sh. Upmanyu Sharma, Ld. Proxy Counsel for
    Plaintiff.
    Sh. Malyaj Sehgal, Ld. Proxy Counsel for
    Defendant.
    Heard. Perused.
    As per case management hearing date order of
    17.04.2023, plaintiff was to file list of witnesses and affidavits of
    plaintiff witnesses by 4 pm on 06.05.2023 and within given time
    these were not filed but were filed belatedly on 11.05.2023
    without any application for condonation of delay.
    Sh. Joby P. Varghese, Ld. Counsel for plaintiff has
    arrived.
    In the affidavit of witness of plaintiff at page no. 3 at
    the top it is mentioned to have been filed in the Court of District
    Judge, Commercial (West), Tiz Hazari Courts, Delhi.
    Accordingly, above said filed by plaintiff through
    Counsel be kept aside.
    Further orders shall follow on 23.05.2023 i.e., date
    earlier fixed for plaintiff evidence.
    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.
    15.05.2023(vkp)
    -- 1 of 1 --
    Interim Order 10Full order available
    17 Apr 2023

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS (COMM.) No. 314/22 MATRIX GUARDTECH PVT LTD Vs. MIST DIRECT SALES PVT LTD 17.04.2023 Present: Sh. Nischal Joshi, Managing Director/AR of Plaintiff with Sh. Joby P. Varghese, Ld. Counsel. Sh. Aman Bhalla, AR of Defendant with Sh. Karan Chhiber, Ld. Counsel. Heard. Perused. It was inquired from AR of defendant as to whether defendant is interested in settlement/compromise and AR of defendant submits he has to take instructions. It was for…

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    Interim Order 9
    02 Mar 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM.) No. 314/22
    MATRIX GUARDTECH PVT LTD Vs. MIST DIRECT
    SALES PVT LTD
    02.03.2023
    It is 12.05 pm.
    Present: Sh. Nischal Joshi, Managing Director/AR of
    Plaintiff with Sh. Joby P. Varghese, Ld. Counsel.
    Sh. Malyaj Sehgal, Ld. Proxy Counsel for
    Defendant.
    Heard. Perused.
    Ld. Counsel for plaintiff submits that no response
    was received from defendant/Counsel for the offer for
    compromise.
    Despite directions AR of defendant has not
    appeared.
    Ld. Proxy Counsel for defendant seeks adjournment
    as AR of defendant could not appear due to some other official
    work whereas Ld Counsel for defendant is unwell.
    For non appearance of AR of defendant, defendant is
    burdened with costs of Rs. 5,000/- payable to plaintiff/Counsel in
    one week against receipt and proof of payment be filed in Court
    in said period.
    Fixed 17.04.2023 for case management hearing and
    framing of issues.
    Parties/Ld. Counsel for parties to appear positively
    on next date of hearing.
    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.
    02.03.2023(vkp)
    -- 1 of 1 --
    Interim Order 8
    13 Jan 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM.) No. 314/22
    M/S MATRIX GUARDTECH PVT LTD Vs. M/S MIST
    DIRECT SALES PVT LTD
    13.01.2023
    Present: Sh. Joby P. Varghese, Ld. Counsel for Plaintiff.
    Sh. Karan Chibber, Ld. Counsel for Defendant.
    Heard. Perused.
    On 06.12.2022, application of plaintiff for
    condonation of delay in filing replication with replication was
    filed.
    Ld. Counsel for defendant has given his no objection
    in writing at the bottom of the index of the above said application
    of plaintiff for allowing it.
    Considering the submissions in the application
    above said and the no objection of defendant Counsel; replication
    of plaintiff is taken on record. Application of plaintiff for
    condonation of delay in filing replication stands disposed.
    Adjournment sought by Ld. Counsel for parties for
    compromise.
    Fixed 02.03.2023 for compromise, if any, or in the
    alternatively for case management hearing and framing of issues.
    AR of parties to positively appear on next date of
    hearing.
    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.
    13.01.2023(vkp)
    -- 1 of 1 --
    Interim Order 7
    26 Nov 2022
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM.) No. 314/22
    M/S MATRIX GUARDTECH PVT LTD Vs. M/S MIST
    DIRECT SALES PVT LTD
    26.11.2022
    Present: Sh. Joby P. Varghese, Ld. Counsel for Plaintiff.
    Sh. Karan Chibber, Ld. Counsel for Defendant.
    Heard. Perused.
    Adjournment sought for settlement.
    Ld. Counsel for plaintiff also seeks adjournment for
    e-filing of replication with condonation of delay application
    appropriately.
    Fixed 13.01.2023 for compromise, if any, or in the
    alternatively 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.
    26.11.2022(vkp)
    -- 1 of 1 --
    Interim Order 6Full order available
    17 Oct 2022

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS (COMM.) No. 314/22 MATRIX GUARDTECH PVT LTD Vs. M/S MIST DIRECT SALES PVT LTD 17.10.2022 Present: Sh. Joby P. Varghese, Ld. Counsel for Plaintiff. Sh. Karan Chibber, Ld. Counsel for Defendant. Heard. Perused. On 26.08.2022, three applications were filed on behalf of defendant. First application was under Order VIII Rule 1 r/w Section 151 CPC for condonation of delay in filing written statement. Second application was under Section 151 CPC seeking…

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    Interim Order 5Full order available
    03 Sept 2022

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS (COMM.) No. 314/22 MATRIX GUARDTECH PVT LTD Vs. MIST DIRECT SALES PVT LTD 03.09.2022 Present: Sh. Joby P. Varghese, Ld. Counsel for Plaintiff. Sh. Mudit Rohilla, Ld. Proxy Counsel for Defendant. Heard. Perused. On 26.08.2022, three applications were filed on behalf of defendant. First application is under Order VIII Rule 1 r/w Section 151 CPC for condonation of delay in filing written statement. Second application is under Section 151 CPC seeking…

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    Interim Order 4
    26 Jul 2022
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM.) No. 314/22
    M/S MATRIX GUARDTECH PVT LTD Vs. M/S MIST
    DIRECT SALES PVT LTD
    26.07.2022
    Present: Sh. Joby P. Varghese, Ld. Counsel for Plaintiff.
    Sh. Karan Chhibber, Ld. Counsel for Defendant.
    Heard. Perused.
    Defendant was served on 22.06.2022 physically and
    by e-mail on 03.06.2022.
    On 25.07.2022, written statement of defendant with
    affidavit of admission and denial of documents of plaintiff were
    filed but without application for condonation of delay.
    Ld. Counsel for plaintiff submits that he has not
    received the copy of the same.
    Copy of the same be provided today against receipt.
    Also the affidavit of admission and denial of
    documents of plaintiff by defendant is non compliant of
    mandatory provisions of Rule 4 of Order XI CPC applicable to
    commercial dispute of specified value.
    Ld. Counsel for defendant seeks adjournment
    wanting to take appropriate steps and moving appropriate
    application.
    Fixed for 03.09.2022 for further proceedings.
    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.
    26.07.2022(vkp)
    -- 1 of 1 --
    Interim Order 3
    31 May 2022
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM.) No. 314/22
    M/s MATRIX GUARDTECH PVT LTD Vs. M/s MIST
    DIRECT SALES PVT LTD
    31.05.2022
    Present: Sh. Aby. P. Varghese, Ld. Proxy Counsel for
    Plaintiff.
    Heard. Perused.
    As per report of Process Server, premises of
    defendant were locked.
    Process sent by speed post also received back
    unserved.
    Defendant be served afresh as per order dated
    19.04.2022.
    Copies of order of today and of date 19.04.2022 be
    sent with the process of defendant.
    Fixed 26.07.2022 for further proceedings.
    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.
    31.05.2022(vkp)
    -- 1 of 1 --
    Interim Order 2Full order available
    19 Apr 2022

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS (COMM.) No. 314/22 M/s MATRIX GUARDTECH PVT LTD Vs. M/s MIST DIRECT SALES PVT LTD 19.04.2022 Present: Sh. Joby P. Varghese, Ld. Counsel for Plaintiff. Heard. Perused. Application under Order XI Rule 1 (2) of CPC with proposed amended list of documents filed by Ld. Counsel for plaintiff. Suit is in its infancy. The appropriate list of documents above said is taken on record and application of plaintiff is allowed. Summons…

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    Interim Order 1
    01 Apr 2022
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM.) 314/2022
    M/s MATRIX GUARDETCH PVT. LTD. VS. M/S MIST
    DIRECT SALES PVT. LTD.
    01.04.2022
    Fresh e-filed suit is received by random
    allocation.
    It be checked and registered.
    Present: Sh. Joby P. Varghese, Ld. Counsel for Plaintiff.
    Heard. Perused.
    Filed list of documents is not signed by AR of
    plaintiff. Said list of documents is not in accordance with Order
    XI Rule 1 (2) of CPC as applicable to commercial dispute of a
    specified value since with respect to each and every document
    the separate specified information has not been provided and at
    serial nos. 2 and 3 therein the information provided is conjointly
    for several documents.
    Ld. Counsel for plaintiff seeks adjournment for
    taking appropriate steps and moving appropriate application.
    Fixed 19.04.2022 for consideration.
    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.
    01.04.2022(vkp)
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    Order 19
    12 Mar 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM.) No. 314/22
    MATRIX GUARDTECH PVT LTD Vs. MIST DIRECT SALES
    PVT. LTD.
    12.03.2024
    Present: Sh. Joby P. Varghese, Advocate for Plaintiff.
    Defendant is already ex-parte, vide order dated
    05.02.2024.
    Ex-parte final arguments heard.
    Ld. Counsel of plaintiff seeks and is granted three
    working days to file brief written synopsis not exceeding two
    pages on record.
    Put up on 20.03.2024 for clarification, if any/orders.
    VIDYA PRAKASH
    District Judge (Commercial Court)-02
    Patiala House Court, New Delhi.
    12.03.2024(v)
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    Order 18Full order available
    05 Feb 2024

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS (COMM.) 314/22 MATRIX GUARD TECH PVT LTD Vs. M/s MIST DIRECT SALES PVT. LTD 05.02.2024 Present: Sh. Joby P. Varghese, Advocate for Plaintiff (through video conferencing). None for Defendant. Put up at 11.30 am for appearance of defendant. VIDYA PRAKASH District Judge (Commercial Court)-02 Patiala House Court, New Delhi. 05.02.2024 (v) Called again at 11.35 am. Present: Sh. Joby P. Varghese, Advocate for Plaintiff. None for Defendant despite repeated calls since…

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    Order 17Full order available
    19 Jan 2024

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: 14 CS (COMM.)/314/2022 CNR NO. :DLND010027002022 MATRIX GUARDTECH PVT LTD VS. MIST DIRECT SALES PVT LTD 19-01-2024 Present : Sh. Joby P. Varghese, Advocate for plaintiff (through v/c). Sh. Dhruv Goyal, Advocate for defendant. Heard. File perused. At the outset, counsel appearing on behalf of defendant has informed that previous cost of Rs.3000/- has already been paid to opposite side, which is fairly not disputed by counsel of plaintiff. An application seeking…

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    Order 16
    17 Nov 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM.) 314/22
    MATRIX GUARDTECH PVT LTD Vs. MIST DIRECT SALES
    PVT LTD
    17.11.2023
    Present: Sh. Joby P. Varghese, Ld. Counsel for plaintiff.
    Sh. Ravinder Singh, Ld. Counsel for defendant.
    Ld. Counsel for defendant seeks adjournemnt to lead
    defendant evidence on the ground that affidavit of defendant’s
    witness is ready but could not be filed as he was not in town. Be
    that as it may evidence by way of affidavit of defendant’s
    witnesses has not been filed today.
    For rendering today’s purpose as infructuous, the
    defendant is burdened with cost(s) of Rs. 3,000/- to be paid by
    the defendant to the plaintiff.
    Put up for defendant evidence by way of affidavit(s)
    with last opportunity on 19.01.2024.
    Previous order be complied.
    SANJEEV AGGARWAL
    District Judge (Commercial Court)-02
    Patiala House Court, New Delhi.
    17.11.2023
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    Order 15
    16 Oct 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM.) No. 314/22
    MATRIX GUARDTECH PVT LTD Vs. MIST DIRECT SALES
    PVT LTD
    16.10.2023
    Present: Sh. Joby P. Varghese, Ld. Counsel for plaintiff along
    with PW1 Sh. Nischal Joshi.
    Sh. Ravinder Singh, Ld. Counsel for Defendant has
    filed fresh vakalatnama on behalf of defendant.
    PW1 is recalled for his cross examination after it
    was deferred on 05.09.2023. He is cross examined and
    discharged.
    Vide separate statement of Ld. Counsel for plaintiff,
    plaintiff evidence stands closed.
    Put up for defendant evidence by way of affidavit(s)
    on 17.11.2023.
    Ld. Counsel for defendant is directed to file
    evidence by way of affidavit after supply the copy of the same to
    the opposite party.
    SANJEEV AGGARWAL
    District Judge (Commercial Court)-02
    Patiala House Court, New Delhi.
    16.10.2023
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    Order 14
    05 Sept 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM.) NO. 314/22
    MATRIX GUARDTECH PVT LTD Vs. MIST DIRECT SALES
    PVT LTD
    05.09.2023
    Present: Sh. Joby P. Verghese, Ld. Counsel for Plaintiff along
    with AR of Plaintiff.
    Sh. Dhruv Goel, Ld. Proxy Counsel for Defendant.
    Ld. Proxy Counsel for defendant has filed memo of
    appearance.
    Affidavit of PW1 tendered in evidence, however,
    his cross examination is deferred at the request of Ld. Proxy
    Counsel for defendant as he submits he has been engaged
    recently.
    Put up for cross examination of PW1 on 16.10.2023
    with last opportunity to the defendant.
    SANJEEV AGGARWAL
    District Judge (Commercial Court)-02
    Patiala House Court, New Delhi.
    05.09.2023
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    Order 13
    18 Jul 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM.) No. 314/2022
    M/S MATRIX GUARDETECH PVT. LTD. VS. M/S MIST
    DIRECT SALES PVT. LTD.
    18.07.2023
    Present: None for Plaintiff.
    Sh. Karan Chhiber, Ld. Counsel for Defendant.
    Be awaited for the plaintiff.
    SANJEEV AGGARWAL
    District Judge (Commercial Court)-02
    Patiala House Court, New Delhi.
    18.07.2023
    Called again at 10.30 am.
    Present: Sh. Nishchal Joshi, Managing Director/AR of
    Plaintiff.
    Sh. Karan Chhiber, Ld. Counsel for Defendant.
    AR of plaintiff seeks pass over, submitting his
    Counsel is on the way.
    Be awaited.
    SANJEEV AGGARWAL
    District Judge (Commercial Court)-02
    Patiala House Court, New Delhi.
    18.07.2023
    Called again at 11.05 am.
    Present: Sh. Nishchal Joshi, Managing Director/AR of
    Plaintiff.
    Sh. Karan Chhiber, Ld. Counsel for Defendant.
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    -2-
    AR of plaintiff still submits his Counsel is on the
    way.
    However, Ld. Counsel for defendant submits that he
    has to rush to Hon’ble High Court in some other urgent matter
    and he cannot await further for Counsel for the plaintiff.
    In these facts and circumstances, put up on
    05.09.2023 for plaintiff evidence with last opportunity to the
    plaintiff.
    SANJEEV AGGARWAL
    District Judge (Commercial Court)-02
    Patiala House Court, New Delhi.
    18.07.2023
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    Order 12
    01 Jul 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM.) No. 314/22
    MATRIX GUARDTECH PVT LTD Vs. MIST DIRECT SALES
    PVT. LTD.
    01.07.2023
    Present : Sh. Job P.Varghese, Ld. Counsel for the plaintiff.
    Sh. Malyaj Sehgal, Ld. Proxy counsel for the
    defendant along with Sh. Amar Dahiya, AR of the
    defendant.
    List of witnesses along with affidavit of PW1 Sh.
    Nischal Joshi has been filed along with certificate u/S. 65-B of
    Evidence Act on behalf of the plaintiff. Copy supplied to the
    opposite party in the court today only. However, the said
    witness / PW1 has not come.
    As per the schedule, today the matter was to be
    listed for supplying the advance copy of affidavits of defendant's
    witnesses. In these circumstances, it appears that the schedule
    has already gone haywire.
    Therefore, now to come up for plaintiff's evidence
    on 18.07.2023, the date already fixed in this case.
    SANJEEV AGGARWAL
    District Judge (Commercial Court)-02
    Patiala House Court, New Delhi.
    01.07.2023
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    Order 11
    15 May 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM.) No. 314/22
    MATRIX GUARDTECH PVT LTD Vs. MIST DIRECT
    SALES PVT LTD
    15.05.2023
    Present: Sh. Upmanyu Sharma, Ld. Proxy Counsel for
    Plaintiff.
    Sh. Malyaj Sehgal, Ld. Proxy Counsel for
    Defendant.
    Heard. Perused.
    As per case management hearing date order of
    17.04.2023, plaintiff was to file list of witnesses and affidavits of
    plaintiff witnesses by 4 pm on 06.05.2023 and within given time
    these were not filed but were filed belatedly on 11.05.2023
    without any application for condonation of delay.
    Sh. Joby P. Varghese, Ld. Counsel for plaintiff has
    arrived.
    In the affidavit of witness of plaintiff at page no. 3 at
    the top it is mentioned to have been filed in the Court of District
    Judge, Commercial (West), Tiz Hazari Courts, Delhi.
    Accordingly, above said filed by plaintiff through
    Counsel be kept aside.
    Further orders shall follow on 23.05.2023 i.e., date
    earlier fixed for plaintiff evidence.
    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.
    15.05.2023(vkp)
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    Order 10Full order available
    17 Apr 2023

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS (COMM.) No. 314/22 MATRIX GUARDTECH PVT LTD Vs. MIST DIRECT SALES PVT LTD 17.04.2023 Present: Sh. Nischal Joshi, Managing Director/AR of Plaintiff with Sh. Joby P. Varghese, Ld. Counsel. Sh. Aman Bhalla, AR of Defendant with Sh. Karan Chhiber, Ld. Counsel. Heard. Perused. It was inquired from AR of defendant as to whether defendant is interested in settlement/compromise and AR of defendant submits he has to take instructions. It was for…

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    Order 9
    02 Mar 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM.) No. 314/22
    MATRIX GUARDTECH PVT LTD Vs. MIST DIRECT
    SALES PVT LTD
    02.03.2023
    It is 12.05 pm.
    Present: Sh. Nischal Joshi, Managing Director/AR of
    Plaintiff with Sh. Joby P. Varghese, Ld. Counsel.
    Sh. Malyaj Sehgal, Ld. Proxy Counsel for
    Defendant.
    Heard. Perused.
    Ld. Counsel for plaintiff submits that no response
    was received from defendant/Counsel for the offer for
    compromise.
    Despite directions AR of defendant has not
    appeared.
    Ld. Proxy Counsel for defendant seeks adjournment
    as AR of defendant could not appear due to some other official
    work whereas Ld Counsel for defendant is unwell.
    For non appearance of AR of defendant, defendant is
    burdened with costs of Rs. 5,000/- payable to plaintiff/Counsel in
    one week against receipt and proof of payment be filed in Court
    in said period.
    Fixed 17.04.2023 for case management hearing and
    framing of issues.
    Parties/Ld. Counsel for parties to appear positively
    on next date of hearing.
    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.
    02.03.2023(vkp)
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    Order 8
    13 Jan 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM.) No. 314/22
    M/S MATRIX GUARDTECH PVT LTD Vs. M/S MIST
    DIRECT SALES PVT LTD
    13.01.2023
    Present: Sh. Joby P. Varghese, Ld. Counsel for Plaintiff.
    Sh. Karan Chibber, Ld. Counsel for Defendant.
    Heard. Perused.
    On 06.12.2022, application of plaintiff for
    condonation of delay in filing replication with replication was
    filed.
    Ld. Counsel for defendant has given his no objection
    in writing at the bottom of the index of the above said application
    of plaintiff for allowing it.
    Considering the submissions in the application
    above said and the no objection of defendant Counsel; replication
    of plaintiff is taken on record. Application of plaintiff for
    condonation of delay in filing replication stands disposed.
    Adjournment sought by Ld. Counsel for parties for
    compromise.
    Fixed 02.03.2023 for compromise, if any, or in the
    alternatively for case management hearing and framing of issues.
    AR of parties to positively appear on next date of
    hearing.
    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.
    13.01.2023(vkp)
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    Order 7
    26 Nov 2022
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM.) No. 314/22
    M/S MATRIX GUARDTECH PVT LTD Vs. M/S MIST
    DIRECT SALES PVT LTD
    26.11.2022
    Present: Sh. Joby P. Varghese, Ld. Counsel for Plaintiff.
    Sh. Karan Chibber, Ld. Counsel for Defendant.
    Heard. Perused.
    Adjournment sought for settlement.
    Ld. Counsel for plaintiff also seeks adjournment for
    e-filing of replication with condonation of delay application
    appropriately.
    Fixed 13.01.2023 for compromise, if any, or in the
    alternatively 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.
    26.11.2022(vkp)
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    Order 6Full order available
    17 Oct 2022

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS (COMM.) No. 314/22 MATRIX GUARDTECH PVT LTD Vs. M/S MIST DIRECT SALES PVT LTD 17.10.2022 Present: Sh. Joby P. Varghese, Ld. Counsel for Plaintiff. Sh. Karan Chibber, Ld. Counsel for Defendant. Heard. Perused. On 26.08.2022, three applications were filed on behalf of defendant. First application was under Order VIII Rule 1 r/w Section 151 CPC for condonation of delay in filing written statement. Second application was under Section 151 CPC seeking…

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    Order 5Full order available
    03 Sept 2022

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS (COMM.) No. 314/22 MATRIX GUARDTECH PVT LTD Vs. MIST DIRECT SALES PVT LTD 03.09.2022 Present: Sh. Joby P. Varghese, Ld. Counsel for Plaintiff. Sh. Mudit Rohilla, Ld. Proxy Counsel for Defendant. Heard. Perused. On 26.08.2022, three applications were filed on behalf of defendant. First application is under Order VIII Rule 1 r/w Section 151 CPC for condonation of delay in filing written statement. Second application is under Section 151 CPC seeking…

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    Order 4
    26 Jul 2022
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM.) No. 314/22
    M/S MATRIX GUARDTECH PVT LTD Vs. M/S MIST
    DIRECT SALES PVT LTD
    26.07.2022
    Present: Sh. Joby P. Varghese, Ld. Counsel for Plaintiff.
    Sh. Karan Chhibber, Ld. Counsel for Defendant.
    Heard. Perused.
    Defendant was served on 22.06.2022 physically and
    by e-mail on 03.06.2022.
    On 25.07.2022, written statement of defendant with
    affidavit of admission and denial of documents of plaintiff were
    filed but without application for condonation of delay.
    Ld. Counsel for plaintiff submits that he has not
    received the copy of the same.
    Copy of the same be provided today against receipt.
    Also the affidavit of admission and denial of
    documents of plaintiff by defendant is non compliant of
    mandatory provisions of Rule 4 of Order XI CPC applicable to
    commercial dispute of specified value.
    Ld. Counsel for defendant seeks adjournment
    wanting to take appropriate steps and moving appropriate
    application.
    Fixed for 03.09.2022 for further proceedings.
    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.
    26.07.2022(vkp)
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    Order 3
    31 May 2022
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM.) No. 314/22
    M/s MATRIX GUARDTECH PVT LTD Vs. M/s MIST
    DIRECT SALES PVT LTD
    31.05.2022
    Present: Sh. Aby. P. Varghese, Ld. Proxy Counsel for
    Plaintiff.
    Heard. Perused.
    As per report of Process Server, premises of
    defendant were locked.
    Process sent by speed post also received back
    unserved.
    Defendant be served afresh as per order dated
    19.04.2022.
    Copies of order of today and of date 19.04.2022 be
    sent with the process of defendant.
    Fixed 26.07.2022 for further proceedings.
    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.
    31.05.2022(vkp)
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    Order 2Full order available
    19 Apr 2022

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS (COMM.) No. 314/22 M/s MATRIX GUARDTECH PVT LTD Vs. M/s MIST DIRECT SALES PVT LTD 19.04.2022 Present: Sh. Joby P. Varghese, Ld. Counsel for Plaintiff. Heard. Perused. Application under Order XI Rule 1 (2) of CPC with proposed amended list of documents filed by Ld. Counsel for plaintiff. Suit is in its infancy. The appropriate list of documents above said is taken on record and application of plaintiff is allowed. Summons…

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    Order 1
    01 Apr 2022
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM.) 314/2022
    M/s MATRIX GUARDETCH PVT. LTD. VS. M/S MIST
    DIRECT SALES PVT. LTD.
    01.04.2022
    Fresh e-filed suit is received by random
    allocation.
    It be checked and registered.
    Present: Sh. Joby P. Varghese, Ld. Counsel for Plaintiff.
    Heard. Perused.
    Filed list of documents is not signed by AR of
    plaintiff. Said list of documents is not in accordance with Order
    XI Rule 1 (2) of CPC as applicable to commercial dispute of a
    specified value since with respect to each and every document
    the separate specified information has not been provided and at
    serial nos. 2 and 3 therein the information provided is conjointly
    for several documents.
    Ld. Counsel for plaintiff seeks adjournment for
    taking appropriate steps and moving appropriate application.
    Fixed 19.04.2022 for consideration.
    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.
    01.04.2022(vkp)
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