Order 7

Order Details: COPY OF ORDER
Pdf Text: CS (COMM.)521/22 ALL WAYS LOGISTICS INDIA PVT LTD Vs.
SATISH KUMAR
07.06.2023
Present: Sh. Akshay Kumar, ld. Counsel for plaintiff.
None for defendant.
An application under Section 151 CPC moved on behalf
of plaintiff seeking enlargement of time for filing the replication.
Vide Order dated 25.04.23, opportunity to file replication
was closed.
In the case of Ram Sarup Lugai and anr v/s Nirmal
Lugani & Anr in FAO (OS)-47/2020 & CM. Appeal No. 21622-
23/2020, dated 19.10.2020, the Hon'ble High Court has observed that
the court cannot permit the replication to be taken on the record after
the plaintiff has exhausted the maximum prescribed period of 45
days.
Affidavit of admission-denial of documents filed.
From the pleadings of the parties, following issues are
framed:-
1. Whether the plaintiff is entitled to recovery of Rs.
7,43,800/- from the defendant as prayed for? OPP.
2. If issue no.1 is proved in affirmative, whether plaintiff
is entitled to interest if so, at what rate and for what period?
OPP.
3. Whether the suit is bad for non-joinder of necessary
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parties? OPD.
4. Relief.
No other issues arise or pressed for. Evidence affidavit
along with list of witnesses be filed within 15 days from today with
advance copy to opposite party.
Be listed for PE as well as Case Management Hearing on
22.08.2023.
VINEETA GOYAL
District Judge (Commercial Court-03)
PHC / New Delhi / 07.06.2023
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