Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS 105/23
SANJAY MALHOTRA Vs. AMIT TYAGI
06.02.2024
Present: Sh. Mayur Srivastav, Ld. Counsel for plaintiff.
Sh. Samyak Raj, Ld. Counsel for defendant.
Two applications have been received from Facilitation Center,
Patiala House Courts, New Delhi.
First application is U/o 6 Rule 16 CPC and second is U/s 151
CPC for waiver of cost. Written statement has also been filed alongwith
the said applications. The said applications have been received through
Facilitation Center.
Ld. Counsel for the plaintiff submits that his application U/o 8
Rule 1 CPC is pending adjudication for closure of right of the defendant to
file WS. He further submits that the defendant had earlier filed an
application U/o 7 Rule 11 CPC which was dismissed and now there is no
discretion left to take the WS on record. He further submits that the right to
file WS should be closed and the suit be decreed outrightly.
Heard on the application for waiver of cost.
Ld. Counsel for the defendant submits that insofar his
application for waiver of cost is concerned he has argued on the aspects
which have been adjudicated upon in terms of order dated 12.10.2023
passed by my Ld. Predecessor. Same to my mind cannot be permitted.
Cost imposed upon the defendant be paid within 2 days from today failing
which consequences shall ensue.
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Insofar as application U/o 6 Rule 16 CPC is concerned Ld.
Counsel for the defendant has relied upon judgment passed by Hon’ble
Supreme Court titled as Sejal Glass Ltd. v/s Navilan Merchants Pvt. Ltd.
(2018) 11 SCC 780.
Arguments on the said application have been heard.
Reserve for orders on this application on 19.02.2024. The
application U/o 8 Rule 1 CPC shall be considered later on.
(Sumit Dass)
ADJ-02 and Waqf Tribunal
New Delhi District, Patiala House Courts
New Delhi/06.02.2024
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