Interim Order 12

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 4
CS (COMM.)/180/2023
CNR NO. : DLND010029752023
ARJUN BHANDARI
VS.
S.D. BHALERAO ASSOCIATES AND ORS.
14-01-2025
Present : Sh. N. S. Yadav, AR/Special Power of Attorney
Holder of plaintiff.
Sh. Varun Bhandari, Advocate for plaintiff
(
Through v/c).
None for defendants, despite calls.
Heard. File perused.
Record shows that the plaintiff has not moved any
application for impleading legal heirs of defendant no.4, who was
reported on the last to have already expired.
At the outset, Ld. Counsel of plaintiff, on
instructions, states at Bar that since the defendant no.4 namely Sh.
P. K. Pillai has expired after filing of the suit, the plaintiff does not
wish to continue the suit against said defendant and wishes to
withdraw the suit against him.
Separate statement of AR / Special Power of Attorney
Holder of plaintiff is recorded in this regard.
The plaintiff shall remain bound by statement made on
his behalf by his AR/SPA.
Having considered the submissions made on behalf of
plaintiff and in view of statement recorded today and overall facts
and circumstances of the case including the fact that the defendant
no.4 has expired on 06-9-2024, the suit is dismissed as withdrawn
qua defendant no.4 namely Sh. P. K. Pillai.
Ld. Counsel of plaintiff, while pointing out from the
record, submits that an application under Order XIIIA CPC, as
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applicable to the Commercial Court Act, 2015, is pending disposal
and despite grant of opportunity to the defendants to file written
reply, no reply thereto is filed as on date.
In the interest of justice, the defendant nos. 1 to 3 are
granted last and final opportunity to file reply to the aforesaid
application within 4 weeks from date of this order with direction to
supply advance copy to the opposite side.
Put up on 09-4-2025 for reply, if any and arguments
on the aforesaid application.
(VIDYA PRAKASH)
District Judge (Commercial Court)-02
Patiala House Court, New Delhi.
14-01-2025(r)
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