Interim Order 13

Order Details: COPY OF ORDER
Pdf Text: 31 CS 105/23
SANJAY MALHOTRA Vs. AMIT TYAGI
20.05.2024
Present : None.
Matter is listed for orders.
Suffice to note herein that plaintiff is facing a case filed under Section
138 of Negotiable Instrument Act filed by defendant.
The present suit has been filed by the plaintiff seeking recovery of
Rs.3,22,000/- against the defendant.
Now, a detailed order dated 12.10.2023 was passed by my Ld.
Predecessor, wherein, the challenge under Order VII Rule 11 of CPC was negated.
One of the reason, which saved the suit of the plaintiff from the rigours of the
limitation was that a sum of Rs.4000/- was allegedly advanced on 21.04.20220. Other
transactions are much earlier.
Now, post rejection of the application Order VII Rule 11 of CPC,
another application has been filed under Order VI Rule 16 by the defendant, wherein,
primarily the ground of challenge is that the averments made with regard to the
transaction amounting to Rs.3,18,000 be struck off /taken off the record relying on the
judgment in the case titled as Sejal Glass Ltd. Vs. Navilan Merchant Pvt. Ltd. passed
by the Hon'ble Supreme Court. It was stated in para no.2,5,6,8,9,16 & 21 are liable to
be struck off and the averment with regard to time barred claim be removed the same
may be struck off from the record.
I have bestowed by consideration on the afore-mentioned submission.
By and large, the version of the defendant is that part of the claim is barred by
limitation, which aspect is already agitated under Order VII Rule 11 of CPC.
PTO
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Reliance has been placed in the case of Sejal Glass Vs. Navilan
Merchant Pvt. Ltd. (Supra) for the contention that under Order VI Rule 16 such
pleadings should be ordered to be struck off. In my considered opinion, it would be
more apt rather than dealing with said application first of all the issues can be framed
wherein, the provision of Order X of CPC can be resorted to so that the ambiguity in
the controversy can be cleared and the aspect of the limitation better appreciated.
As such pleas in the application are kept open. Re-list the matter now
for settlement of issues on 27.09.2024. I make it clear that parties to the suit shall be
examined under Order 10 of CPC.
(Sumit Dass)
ADJ-02 & Waqf Tribunal
NDD/PHC/ND/20.05.2024
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