Full Order Text
Interim Order 3 · 18 Sept 2021 · CNR DLND010053962021
Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: IN THE COURT OF MS. SUNENA SHARMA, ADDITIONAL DISTRICT JUDGE-04, PATIALA HOUSE COURTS, NEW DELHI CS Comm no.369 of 2019 Nike International Ltd. Vs. m/s Subhash Foot Wear. 18.09.2021 Pursuant to the office order no.569/RG/DHC/2021 dated 19.08.2021 of Hon’ble Delhi High Court and office order no. 6813- 6837/Judl./Prin.D&SJ/NDD/2021 dated 21.08.2021, all the matters are taken up physically by this court on even dates and through video conferencing on odd dates. Present : Sh. S.K.Bansal, counsel for the plaintiff through VC. Proxy counsel for the defendant physically present. It is informed by proxy counsel that copy of contempt application has not been supplied to the defendant by plaintiff. Let plaintiff to supply the same within 07 days. Both the counsels submit that the matter may be sent to mediation cell for exploring possibility of settlement. In view of the submissions and request, let the matter be sent to the Incharge, Mediation Cell, PHC, ND with a request to explore possibility of settlement. Parties are directed to appear before Mediation Cell on 20.10.2021 and to report back on 14.02.2022. Ahmad is directed to send the file to Mediation Cell for the date fixed. (Sunena Sharma) Additional District Judge-04 Judge Code DL00222 Patiala House Courts : New Delhi -- 1 of 34 -- IN THE COURT OF MS. SUNENA SHARMA, ADDITIONAL DISTRICT JUDGE-04, PATIALA HOUSE COURTS, NEW DELHI CS Comm no. 376 of 2019 M/s L’oreal Vs. Fringes Curls Salon. 18.09.2021 Pursuant to the office order no.569/RG/DHC/2021 dated 19.08.2021 of Hon’ble Delhi High Court and office order no. 6813- 6837/Judl./Prin.D&SJ/NDD/2021 dated 21.08.2021, all the matters are taken up physically by this court on even dates and through video conferencing on odd dates. Present : Sh. S.K.Bansal, counsel for the plaintiff through VC. Sh. Vivek Singh, counsel for th defendant through VC. Counse for plaintiffl states that plaintiff is ready to settle subject to defendant giving an undertaking that defendants shall not use plaintiff's trade mark unauthorisedly and shall also withdraw the FIR/police complaint , if any filed by defendant against plaintiff or its employees and further subject to defendant paying Rs 50,000/- towards litigation charges. Counsel for defendant states that defendant is ready to give the undertaking as proposed above and shall also make payment of Rs. 50,000/- towards the litigation charges through demand draft on or before the next date of hearing. Counsel has given an undertaking on behalf of defendant today in the court. Same is recorded seperately. At request case is adjourned for payment of Rs 50,000/- and withdrawal for 06.10.2021. (Sunena Sharma) Additional District Judge-04 Judge Code DL00222 Patiala House Courts : New Delhi -- 2 of 34 -- IN THE COURT OF MS. SUNENA SHARMA, ADDITIONAL DISTRICT JUDGE-04, PATIALA HOUSE COURTS, NEW DELHI CS Comm no. 376 of 2019 M/s L’oreal Vs. Fringes Curls Salon. 18.09.2021 Statement of Sh. Vivek Singh , counsel for defendant Enroll. no. D-864 /2002 At Bar. I am counsel for the defendant in the present suit. Under the instructions and on behalf of defendant, I state that the defendant is ready to make payment of Rs. 50,000/- (Rs. Fifty Thousand only) to the counsel for plaintiff towards the litigation charges through demand draft on or before the next date of hearing. I undertake that defendant will not use plaintiff’s trademark ‘L’OREAL’ unauthorizedly in any manner. I further undertake that the defendant will withdraw the complaint, if any filed by it against the plaintiff or its employees. RO&AC (Sunena Sharma) Additional District Judge-04 Judge Code DL00222 Patiala House Courts : New Delhi -- 3 of 34 -- IN THE COURT OF MS. SUNENA SHARMA, ADDITIONAL DISTRICT JUDGE-04, PATIALA HOUSE COURTS, NEW DELHI CS no.266 of 2017 Ajay Kumar Bhargava Vs. M/s Kundan Care Products ltd. 18.09.2021 Pursuant to the office order no.569/RG/DHC/2021 dated 19.08.2021 of Hon’ble Delhi High Court and office order no. 6813- 6837/Judl./Prin.D&SJ/NDD/2021 dated 21.08.2021, all the matters are taken up physically by this court on even dates and through video conferencing on odd dates. Present : Sh. Umesh Mishra, counsel for the plaintiff physically present. None for defendant. Only court clerk of counsel is present. Counsel for plaintiff submits that only last witness of the defendant is left to be cross-examined by them before the LC and sought short adjournment in the matter. Considering the submission and request, case is adjourned for report of LC regarding conclusion of the evidence in the matter/ further proceedings on 09.12.2021. (Sunena Sharma) Additional District Judge-04 Judge Code DL00222 Patiala House Courts : New Delhi -- 4 of 34 -- IN THE COURT OF MS. SUNENA SHARMA, ADDITIONAL DISTRICT JUDGE-04, PATIALA HOUSE COURTS, NEW DELHI Counter Claim no. 29 of 2017 M/s Kundan Care Products ltd. Vs. Ajay Kumar Bhargava. 18.09.2021 Pursuant to the office order no.569/RG/DHC/2021 dated 19.08.2021 of Hon’ble Delhi High Court and office order no. 6813- 6837/Judl./Prin.D&SJ/NDD/2021 dated 21.08.2021, all the matters are taken up physically by this court on even dates and through video conferencing on odd dates. Present : None for plaintiff Only court clerk of counsel is present. Sh. Umesh Mishra, counsel for the defendant physically present. Put up with connected matter on 09.12.2021. (Sunena Sharma) Additional District Judge-04 Judge Code DL00222 Patiala House Courts : New Delhi -- 5 of 34 -- IN THE COURT OF MS. SUNENA SHARMA, ADDITIONAL DISTRICT JUDGE-04, PATIALA HOUSE COURTS, NEW DELHI CS no.243 of 2019 M/s Venture Tour and Packaging Pvt. Ltd Vs. Sukhbir Singh Choudhary 18.09.2021 Pursuant to the office order no.569/RG/DHC/2021 dated 19.08.2021 of Hon’ble Delhi High Court and office order no. 6813- 6837/Judl./Prin.D&SJ/NDD/2021 dated 21.08.2021, all the matters are taken up physically by this court on even dates and through video conferencing on odd dates. Present : Ms. Rita Kumar, counsel for the plaintiff through VC. Ms. Singdha Sharma, counsel for the D-4 and D-5 through VC. Counsel for plaintiff request for short adjournment saying that main counsel is not available today on account of some personal difficulty. Counsel for defendant no. 4 and 5 says that as per instructions received from her client there is no settlement arrived at between the parties till date. Let reply be filed to the application under section 10 CPC 15 days prior to next date of hearing with advance copy to opposite side. In view of these facts and circumstances, case is adjourned for arguments on said application on 14.02.2022. (Sunena Sharma) Additional District Judge-04 Judge Code DL00222 Patiala House Courts : New Delhi -- 6 of 34 -- IN THE COURT OF MS. SUNENA SHARMA, ADDITIONAL DISTRICT JUDGE-04, PATIALA HOUSE COURTS, NEW DELHI CS no. 436 of 2020 Ajay Sharma and etc. Vs. Om Prakash Sehrawat. 18.09.2021 Pursuant to the office order no.569/RG/DHC/2021 dated 19.08.2021 of Hon’ble Delhi High Court and office order no. 6813- 6837/Judl./Prin.D&SJ/NDD/2021 dated 21.08.2021, all the matters are taken up physically by this court on even dates and through video conferencing on odd dates. Present : Ms. Charu Tyagi, counsel for the plaintiff through VC. Sh. Naveen Arya, counsel for defendant physically present. WS alongwith application under Order 7 rule 11 CPC has already come on record on behalf of defendant. Counsel for the plaintiff submits that she has been recently engaged in the matter and she will file her vakalatnama during the course of the day. She also requests for supply of copy of WS and said application on her e-mail (shared in the chat box of VC). Counsel for defendant assures to supply the same. Let reply to the application under Order 7 rule 11 CPC be filed 15 day prior to next date of hearing with advance copy to the opposite side. Put up for arguments on said application on 14.02.2022. (Sunena Sharma) Additional District Judge-04 Judge Code DL00222 Patiala House Courts : New Delhi -- 7 of 34 -- IN THE COURT OF MS. SUNENA SHARMA, ADDITIONAL DISTRICT JUDGE-04, PATIALA HOUSE COURTS, NEW DELHI CS no. 437 of 2020 Ajay Sharma and etc. Vs. Jaideep Singh. 18.09.2021 Pursuant to the office order no.569/RG/DHC/2021 dated 19.08.2021 of Hon’ble Delhi High Court and office order no. 6813- 6837/Judl./Prin.D&SJ/NDD/2021 dated 21.08.2021, all the matters are taken up physically by this court on even dates and through video conferencing on odd dates. Present : Ms. Charu Tyagi, counsel for the plaintiff through VC. Sh. Vipul Jain, proxy counsel for Sh. Bhupender Lakra, counsel for defendant through VC. Proxy counsel for defendant says that he has filed memo of appearance through official email of the court. Let hard copy of the same be filed on record within 07 days. Proxy counsel requests for supply of copy of plaint and its annexures. Let the same be supplied by counsel for plaintiff to counsel for defendant today itself through e-mode within a week. WS be filed within 30 days of receipt of copy of plaint and its annexures with advance copy to opposite party. At request, case is adjourned for 14.02.2022. (Sunena Sharma) Additional District Judge-04 Judge Code DL00222 Patiala House Courts : New Delhi -- 8 of 34 -- IN THE COURT OF MS. SUNENA SHARMA, ADDITIONAL DISTRICT JUDGE-04, PATIALA HOUSE COURTS, NEW DELHI TM no. 16 of 2021 Tenax Pidilite India pvt Ltd. Vs. Nadeem Faiyaz Shaikh. 18.09.2021 Pursuant to the office order no.569/RG/DHC/2021 dated 19.08.2021 of Hon’ble Delhi High Court and office order no. 6813- 6837/Judl./Prin.D&SJ/NDD/2021 dated 21.08.2021, all the matters are taken up physically by this court on even dates and through video conferencing on odd dates. Present : Sh. Rishi Bansal, counsel for the plaintiff through VC. At request, case is adjourned for arguments on ad-interim ex-parte injunction application on 11.10.2021. (Sunena Sharma) Additional District Judge-04 Judge Code DL00222 Patiala House Courts : New Delhi -- 9 of 34 -- IN THE COURT OF MS. SUNENA SHARMA, ADDITIONAL DISTRICT JUDGE-04, PATIALA HOUSE COURTS, NEW DELHI CS no. 323 of 2021 Kartar Singh Vs. Anju Vohra and ors. 18.09.2021 Pursuant to the office order no.569/RG/DHC/2021 dated 19.08.2021 of Hon’ble Delhi High Court and office order no. 6813- 6837/Judl./Prin.D&SJ/NDD/2021 dated 21.08.2021, all the matters are taken up physically by this court on even dates and through video conferencing on odd dates. Present : Plaintiff in person physically present. Plaintiff requests for adjournment as main counsel is not available today. Present suit is filed under Order 37 CPC however, from perusal of the plaint and documents filed with the suit, some clarifications are required with regard to the maintainability of suit under Order 37 CPC. Considering the request, adjourned for clarification on 16.10.2021. (Sunena Sharma) Additional District Judge-04 Judge Code DL00222 Patiala House Courts : New Delhi -- 10 of 34 -- IN THE COURT OF MS. SUNENA SHARMA, ADDITIONAL DISTRICT JUDGE-04, PATIALA HOUSE COURTS, NEW DELHI CS no.351 of 2021. Neelam Mishra Vs. Dharmender Rajput. 18.09.2021 Pursuant to the office order no.569/RG/DHC/2021 dated 19.08.2021 of Hon’ble Delhi High Court and office order no. 6813- 6837/Judl./Prin.D&SJ/NDD/2021 dated 21.08.2021, all the matters are taken up physically by this court on even dates and through video conferencing on odd dates. Present : Sh. Avdesh Kumar, counsel for the plaintiff physically present. Original documents alongwith list of documents filed on record. File perused. Issue summons of appearance on filing of PF /RC as well as through e-mode for 14.02.2022. (Sunena Sharma) Additional District Judge-04 Judge Code DL00222 Patiala House Courts : New Delhi -- 11 of 34 -- IN THE COURT OF MS. SUNENA SHARMA, ADDITIONAL DISTRICT JUDGE-04, PATIALA HOUSE COURTS, NEW DELHI Arbi no. 1385 of 2021 Gaadi Web Pvt. Ltd. Vs. Maa Sherawali Auto Deal. 18.09.2021 Pursuant to the office order no.569/RG/DHC/2021 dated 19.08.2021 of Hon’ble Delhi High Court and office order no. 6813- 6837/Judl./Prin.D&SJ/NDD/2021 dated 21.08.2021, all the matters are taken up physically by this court on even dates and through video conferencing on odd dates. Present : Sh. Ashok Kumar, counsel for the petitioner physically present. At request, put up for consideration on 23.09.2021. (Sunena Sharma) Additional District Judge-04 Judge Code DL00222 Patiala House Courts : New Delhi -- 12 of 34 -- IN THE COURT OF MS. SUNENA SHARMA, ADDITIONAL DISTRICT JUDGE-04, PATIALA HOUSE COURTS, NEW DELHI Arbi no. 956 of 2021 Ankur Tarde Links pvt. Ltd. Vs. Khurshid Aalam. Arbi no. 957 of 2021 Perfect Fin. Pvt. Ltd. Vs. Dharmender Kumar. 18.09.2021 Pursuant to the office order no.569/RG/DHC/2021 dated 19.08.2021 of Hon’ble Delhi High Court and office order no. 6813- 6837/Judl./Prin.D&SJ/NDD/2021 dated 21.08.2021, all the matters are taken up physically by this court on even dates and through video conferencing on odd dates. Present : None for petitioner. Since none is present for petitioner, put up for consideration on 25.09.2021. (Sunena Sharma) Additional District Judge-04 Judge Code DL00222 Patiala House Courts : New Delhi -- 13 of 34 -- IN THE COURT OF MS. SUNENA SHARMA, ADDITIONAL DISTRICT JUDGE-04, PATIALA HOUSE COURTS, NEW DELHI CS no. 55670 of 2016 Anil Kumar Vs. Jugal Kishore. 18.09.2021 Pursuant to the office order no.569/RG/DHC/2021 dated 19.08.2021 of Hon’ble Delhi High Court and office order no. 6813- 6837/Judl./Prin.D&SJ/NDD/2021 dated 21.08.2021, all the matters are taken up physically by this court on even dates and through video conferencing on odd dates. Present : Plaintiff is physically present in the court. Son of D-1 on behalf of D-1 physically present. Both request for adjournment saying that their respective main counsels are not available today. As per record, case is at the stage of admission-denial of the documents. Both parties are directed to ensure presence of their respective lawyer on the next date of hearing to assist the court for settlement of issues. Relist for admission-denial of documents and settlement of issues on 14.02.2022. Parties may file proposed issues. (Sunena Sharma) Additional District Judge-04 Judge Code DL00222 Patiala House Courts : New Delhi -- 14 of 34 -- IN THE COURT OF MS. SUNENA SHARMA, ADDITIONAL DISTRICT JUDGE-04, PATIALA HOUSE COURTS, NEW DELHI CS no. 59323 of 2016 Mukesh Bansal Vs. National Green Tribunal. 18.09.2021 Pursuant to the office order no.569/RG/DHC/2021 dated 19.08.2021 of Hon’ble Delhi High Court and office order no. 6813- 6837/Judl./Prin.D&SJ/NDD/2021 dated 21.08.2021, all the matters are taken up physically by this court on even dates and through video conferencing on odd dates. Present : Sh. Satprakash Tiwari, counsel for the plaintiff physically present. Sh. Pankaj Shrivastav, counsel for defendant physically present. In this case pleadings are complete and affidavits of admission- denial of documents have already come on record. In view thereof, I am inclined to frame issues. On the pleadings of parties and documents on record following issues are framed : 1. Whether the plaintiff had supplied less quantity of stationery items than the ordered one to the defendant. If so, whether the defendant had already made payment to the plaintiff in respect of said supply ? OPD. 2. Whether the plaintiff is entitled to recovery of suit amount as claimed for ? OPP. 3. Whether the plaintiff is entitled for interest, if so at what rate and for which period ? OPP. 4. Relief. No other issue arises or pressed for. Parties are directed to file list of witnesses within 15 days. Plaintiff is directed to file evidentiary affidavit of his witnesses at least 15 days prior to next date of hearing with advance copy of the same to opposite counsel. Relist for PE on 14.02.2022. (Sunena Sharma) Additional District Judge-04 Judge Code DL00222 Patiala House Courts : New Delhi -- 15 of 34 -- IN THE COURT OF MS. SUNENA SHARMA, ADDITIONAL DISTRICT JUDGE-04, PATIALA HOUSE COURTS, NEW DELHI CS no. 59510 of 2016 Vijay Bansal Vs. Hitech Bulk Handling Systems pvt ltd. PARCHA 18.09.2021 Pursuant to the office order no.569/RG/DHC/2021 dated 19.08.2021 of Hon’ble Delhi High Court and office order no. 6813- 6837/Judl./Prin.D&SJ/NDD/2021 dated 21.08.2021, all the matters are taken up physically by this court on even dates and through video conferencing on odd dates. Present : Sh. Sanjay Gupta, counsel for plaintiff physically present. Counsel for defendant physically present. As per Ahlmad report file is not traceable. Counsel for the defendant is ready to make the payment of cost for D-1 only but counsel for plaintiff submits that he would take the cost after the file is traced out. Ahlmad is directed to trace out the file and place it on 26.10.2021. (Sunena Sharma) Additional District Judge-04 Judge Code DL00222 Patiala House Courts : New Delhi -- 16 of 34 -- IN THE COURT OF MS. SUNENA SHARMA, ADDITIONAL DISTRICT JUDGE-04, PATIALA HOUSE COURTS, NEW DELHI CS no. 55570 of 2016 Naveen Deswal Vs. Gaurav Khattar. 18.09.2021 Pursuant to the office order no.569/RG/DHC/2021 dated 19.08.2021 of Hon’ble Delhi High Court and office order no. 6813- 6837/Judl./Prin.D&SJ/NDD/2021 dated 21.08.2021, all the matters are taken up physically by this court on even dates and through video conferencing on odd dates. Present : None for plaintiff. Defendant in person, physically present. Case is at the stage of recording of evidence. As per record, on 18.01.2019, none had appeared on behalf of the plaintiff but in the interest of justice, court had given plaintiff one last and final opportunity to lead evidence subject to payment of cost of Rs. 5000/-. Record further shows that counsel for plaintiff had appeared on 15.12.2020 but on account of proceedings being conducted through VC, case was adjourned for evidence. Evidentiary affidavit of plaintiff is already on record. Defendant seeks some time to engage a new counsel as his previous counsel is stated have expired due to Covid. In view thereof, plaintiff is directed to appear on next date of hearing for payment of cost and tendering of his evidentiary affidavit and for his cross examination on 14.02.2022. (Sunena Sharma) Additional District Judge-04 Judge Code DL00222 Patiala House Courts : New Delhi -- 17 of 34 -- IN THE COURT OF MS. SUNENA SHARMA, ADDITIONAL DISTRICT JUDGE-04, PATIALA HOUSE COURTS, NEW DELHI CS no. 58969 of 2016 Escorts Ltd. Vs. Kaveri Tractors and ors. 18.09.2021 Pursuant to the office order no.569/RG/DHC/2021 dated 19.08.2021 of Hon’ble Delhi High Court and office order no. 6813- 6837/Judl./Prin.D&SJ/NDD/2021 dated 21.08.2021, all the matters are taken up physically by this court on even dates and through video conferencing on odd dates. Present : Ms. Sonal, counsel for the plaintiff with witness Sh. Gopal Prasad physically present. Defendant is ex-parte. An application under Order 7 rule 14 r/w Section 151 CPC for placing on record one cheque bearing n. 45684 dated 27.12.2012 draw on Corporation Bank alongwith it returning memo dated 15.03.2012. Counsel says that the plaint duly mentions the fact regarding the issuance of said cheque and its dishonour but inadvertently documents pertaining it could not be placed on record. Heard. File perused. Keeping in view the submissions and fact that defendant in the present case is ex-parte and no prejudice will be caused if the present application is allowed, the application is allowed and documents are taken on record. Counsel for the plaintiff files additional evidentiary affidavit in the light of filing of said documents. Heard. Allowed Witness Sh. Gopal Prasad is partly examined in chief as PW-1, his further examination is deferred for want of certification under Section 65 B of Indian Evidence Act. Relist for further examination of PW-1 on 12.01.2022. (Sunena Sharma) Additional District Judge-04 Judge Code DL00222 Patiala House Courts : New Delhi -- 18 of 34 -- IN THE COURT OF MS. SUNENA SHARMA, ADJ-04, PATIALA HOUSE COURTS, NEW DELHI Arbi no. 1409; 1410; 1411; 1412 of 2021. 18.09.2021 Pursuant to the office order no.569/RG/DHC/2021 dated 19.08.2021 of Hon’ble Delhi High Court and office order no. 6813- 6837/Judl./Prin.D&SJ/NDD/2021 dated 21.08.2021, all the matters are taken up physically by this court on even dates and through video conferencing on odd dates. Fresh petition under Section 9 of Arbitration and Conciliation Act received on assignment. It be checked and registered, as per rules. Present : Ms. Vanshika, Counsel for petitioner through VC. Counsel for petitioner is directed to file softcopy of the petition alongwith annexures through official e-mail of the court before next date of hearing. Put up for consideration on 25.09.2021. (Sunena Sharma) Additional District Judge-04 Judge Code DL00222 PHC/ND/18.09.2021 -- 19 of 34 -- IN THE COURT OF MS. SUNENA SHARMA, ADJ-04, PATIALA HOUSE COURTS, NEW DELHI Arbi no. 1408; 1413; 1414; 1415 of 2021. 18.09.2021 Pursuant to the office order no.569/RG/DHC/2021 dated 19.08.2021 of Hon’ble Delhi High Court and office order no. 6813- 6837/Judl./Prin.D&SJ/NDD/2021 dated 21.08.2021, all the matters are taken up physically by this court on even dates and through video conferencing on odd dates. Fresh petition under Section 9 of Arbitration and Conciliation Act received on assignment. It be checked and registered, as per rules. Present : Ms. Sonia, Counsel for petitioner through VC. Counsel for petitioner is directed to file softcopy of the petition alongwith annexures through official e-mail of the court before next date of hearing. Put up for consideration on 22.09.2021. (Sunena Sharma) Additional District Judge-04 Judge Code DL00222 PHC/ND/18.09.2021 -- 20 of 34 -- IN THE COURT OF MS. SUNENA SHARMA, ADDITIONAL DISTRICT JUDGE-04, PATIALA HOUSE COURTS, NEW DELHI CS no.09 of 2017 M/s B.G.Creations Pvt. Ltd. Vs. State Bank of Saurashtra. 18.09.2021 Pursuant to the office order no.569/RG/DHC/2021 dated 19.08.2021 of Hon’ble Delhi High Court and office order no. 6813- 6837/Judl./Prin.D&SJ/NDD/2021 dated 21.08.2021, all the matters are taken up physically by this court on even dates and through video conferencing on odd dates. Present : Ms. Meenakshi, counsel for plaintiff through VC. None for D-1. D-2 is ex-parte. Sh. Tushar Sahu, proxy counsel for D-3 physically present. As per record, none is appearing for D-1 for the last two dates of hearing. Today also none is present on behalf of D-1, hence, D-1 is proceeded ex-parte for today. Case is at the stage of PE and certain witnesses are required to be summoned but on account of lock down witness could not be summoned on the last date of hearing. Let the witnesses be summoned for next date of hearing. Steps be taken within 30 days. Put up for PE on 03.01.2022. (Sunena Sharma) Additional District Judge-04 Judge Code DL00222 Patiala House Courts : New Delhi -- 21 of 34 -- IN THE COURT OF MS. SUNENA SHARMA, ADDITIONAL DISTRICT JUDGE-04, PATIALA HOUSE COURTS, NEW DELHI CS no. 59411 of 2016 Shakuntala Devi Vs. Rajni Champa Devi. 18.09.2021 Pursuant to the office order no.569/RG/DHC/2021 dated 19.08.2021 of Hon’ble Delhi High Court and office order no. 6813- 6837/Judl./Prin.D&SJ/NDD/2021 dated 21.08.2021, all the matters are taken up physically by this court on even dates and through video conferencing on odd dates. Present : Sh. A.K.Singh, counsel for plaintiff through VC. Sh. Sachin Narwal, counsel for D-1 to D-5 through VC. D-6 to D-8 and D-11 to D-18 are ex-parte. Sh. Debarishi, counsel for D-10 through VC. Counsels say that evidence before LC was got halted on account of lockdown and pandemic but they have again resumed the recording of evidence and same is likely to conclude within 1 or 2 month. In view thereof, case is adjourned for 11.01.2022 for awaiting the conclusion of evidence. Let notice be sent to LC for filing report on or before next date. (Sunena Sharma) Additional District Judge-04 Judge Code DL00222 Patiala House Courts : New Delhi -- 22 of 34 -- IN THE COURT OF MS. SUNENA SHARMA, ADDITIONAL DISTRICT JUDGE-04, PATIALA HOUSE COURTS, NEW DELHI Counter claim no. 15 of 2016 Shakuntala Devi Vs. Rajni Champa Devi. 18.09.2021 Pursuant to the office order no.569/RG/DHC/2021 dated 19.08.2021 of Hon’ble Delhi High Court and office order no. 6813- 6837/Judl./Prin.D&SJ/NDD/2021 dated 21.08.2021, all the matters are taken up physically by this court on even dates and through video conferencing on odd dates. Present : Sh. Debasish Bhadra, counsel for counter claimant through VC. Sh. A.K.Singh, counsel for LRs of deceased non-counter claimant through VC. Put up with connected matter on 11.01.2022. (Sunena Sharma) Additional District Judge-04 Judge Code DL00222 Patiala House Courts : New Delhi -- 23 of 34 -- IN THE COURT OF MS. SUNENA SHARMA, ADDITIONAL DISTRICT JUDGE-04, PATIALA HOUSE COURTS, NEW DELHI Counter claim no. 11 of 2016 Rajni Champa Devi. Vs. Shakuntala Devi 18.09.2021 Pursuant to the office order no.569/RG/DHC/2021 dated 19.08.2021 of Hon’ble Delhi High Court and office order no. 6813- 6837/Judl./Prin.D&SJ/NDD/2021 dated 21.08.2021, all the matters are taken up physically by this court on even dates and through video conferencing on odd dates. Present : Sh. Sachin Narwal, counsel for all counter claimant through VC. Sh. A.K.Singh, counsel for LRs of deceased non-counter claimant through VC. Put up with connected matter on 11.01.2022. (Sunena Sharma) Additional District Judge-04 Judge Code DL00222 Patiala House Courts : New Delhi -- 24 of 34 -- IN THE COURT OF MS. SUNENA SHARMA, ADDITIONAL DISTRICT JUDGE-04, PATIALA HOUSE COURTS, NEW DELHI CS no. 888 of 2018 Infraline Technologies India Pvt. Ltd. Vs. Sharda Ma Enterprises Pvt. Ltd. 18.09.2021 Pursuant to the office order no.569/RG/DHC/2021 dated 19.08.2021 of Hon’ble Delhi High Court and office order no. 6813- 6837/Judl./Prin.D&SJ/NDD/2021 dated 21.08.2021, all the matters are taken up physically by this court on even dates and through video conferencing on odd dates. Present : Sh. Ishpreet Singh, proxy counsel for plaintiff though VC. Defendant is ex-parte. Adjournment is sought for filing plaintiff’s evidentiary affidavit. At request, case is adjourned for filing the same on 14.12.2012. (Sunena Sharma) Additional District Judge-04 Judge Code DL00222 Patiala House Courts : New Delhi -- 25 of 34 -- IN THE COURT OF MS. SUNENA SHARMA, ADDITIONAL DISTRICT JUDGE-04, PATIALA HOUSE COURTS, NEW DELHI CS no.1179 of 2018 Singh Corporate Mantra Pvt. Ltd. vs. Protrade Inc. and anr. 18.09.2021 Pursuant to the office order no.569/RG/DHC/2021 dated 19.08.2021 of Hon’ble Delhi High Court and office order no. 6813- 6837/Judl./Prin.D&SJ/NDD/2021 dated 21.08.2021, all the matters are taken up physically by this court on even dates and through video conferencing on odd dates. Present : Sh. Pankaj Kumar, counsel for plaintiff physically present. Defendant is ex-parte. Counsel requests for short adjournment on the ground that AR of the plaintiff is out of Station. At request, case is adjourned for PE on 14.12.2012. Let evidentiary affidavit of PW be filed 15 days prior to next date of hearing. (Sunena Sharma) Additional District Judge-04 Judge Code DL00222 Patiala House Courts : New Delhi -- 26 of 34 -- IN THE COURT OF MS. SUNENA SHARMA, ADDITIONAL DISTRICT JUDGE-04, PATIALA HOUSE COURTS, NEW DELHI CS no.55582 of 2016 Dr. Morepen Ltd. Vs. M/s Brukem Life Care anr. 18.09.2021 Pursuant to the office order no.569/RG/DHC/2021 dated 19.08.2021 of Hon’ble Delhi High Court and office order no. 6813- 6837/Judl./Prin.D&SJ/NDD/2021 dated 21.08.2021, all the matters are taken up physically by this court on even dates and through video conferencing on odd dates. Present : Sh. Naman Joshi (through VC) and Sh. Abhishek Arora, proxy counsel for plaintiff physically present. Sh. Mohan Vidhani, counsel for the defendant through VC. Case is listed today for consideration of withdrawal of the suit. Counsel for plaintiff submits that plaintiff is ready to compensate the defendant for the litigation charges to the tune of Rs. 50,000/- and subject to said payment, plaintiff may be allowed to withdraw the present suit. Counsel for the defendant also agrees to said proposal. Let payment of Rs.50,000/- be made to the counsel for defendant on or before next date of hearing. Put up for payment /withdrawal on 28.09.2021. (Sunena Sharma) Additional District Judge-04 Judge Code DL00222 Patiala House Courts : New Delhi -- 27 of 34 -- IN THE COURT OF MS. SUNENA SHARMA, ADDITIONAL DISTRICT JUDGE-04, PATIALA HOUSE COURTS, NEW DELHI CS no.1083 of 2018 Kirti Vardhan Azad Vs. Pushpesh Kumar. 18.09.2021 Pursuant to the office order no.569/RG/DHC/2021 dated 19.08.2021 of Hon’ble Delhi High Court and office order no. 6813- 6837/Judl./Prin.D&SJ/NDD/2021 dated 21.08.2021, all the matters are taken up physically by this court on even dates and through video conferencing on odd dates. Present : Counsel for plaintiff physically present. Counsel for defendant physically present. Counsel for defendant says that as per instructions from his client the matter is likely to be settled as parties are negotiating for the same. However, counsel for plaintiff categorically denies saying that he has not received any such instruction. Let counsel for plaintiff seeks instructions in this regard from the client. Put up for settlement if any/arguments on pending application. Relist on 30.11.2021. Let the parties to appear in person on the next date of hearing. (Sunena Sharma) Additional District Judge-04 Judge Code DL00222 Patiala House Courts : New Delhi -- 28 of 34 -- IN THE COURT OF MS. SUNENA SHARMA, ADDITIONAL DISTRICT JUDGE-04, PATIALA HOUSE COURTS, NEW DELHI CS Comm no.380 of 2019 PVH Corp. Vs. Samir Khan. 18.09.2021 Pursuant to the office order no.569/RG/DHC/2021 dated 19.08.2021 of Hon’ble Delhi High Court and office order no. 6813- 6837/Judl./Prin.D&SJ/NDD/2021 dated 21.08.2021, all the matters are taken up physically by this court on even dates and through video conferencing on odd dates. Present : Sh. Rishi Bansal (through VC) and Sh. Somnath De, counsel for plaintiff physically present. Ms. Imon Roy, Adv. states that she is appearing for the plaintiff through VC. Ms. Roy submits that she has been recently engaged in the matter by the plaintiff but his client is yet to get the NOC from his erstwhile counsel. Even counsel for plaintiff states that he also some information in this regard but he will be in a position to clarify after getting necessary instructions from his client. As per record, written submissions have already been filed on record alongwith the supporting judgment on 08.09.2021. In view of request, adjourned for arguments on 14.02.2022. (Sunena Sharma) Additional District Judge-04 Judge Code DL00222 Patiala House Courts : New Delhi -- 29 of 34 -- IN THE COURT OF MS. SUNENA SHARMA, ADDITIONAL DISTRICT JUDGE-04, PATIALA HOUSE COURTS, NEW DELHI CS no.59079 of 2016 Fena Ltd. Vs. J.M.Baxi. 18.09.2021 Pursuant to the office order no.569/RG/DHC/2021 dated 19.08.2021 of Hon’ble Delhi High Court and office order no. 6813- 6837/Judl./Prin.D&SJ/NDD/2021 dated 21.08.2021, all the matters are taken up physically by this court on even dates and through video conferencing on odd dates. Present : Sh. Praveen Mahajan through VC and Sh. Ankur Gusain, counsel for plaintiff physically present. Sh. Gaurav, counsel for defendant through VC. Written submissions on behalf of parties are already on record. Case is fixed for verbal arguments on 16.11.2021. Case file is very old and bulky, therefore, counsel for parties are directed to file convenience compilation 15 days prior to next hearing. (Sunena Sharma) Additional District Judge-04 Judge Code DL00222 Patiala House Courts : New Delhi -- 30 of 34 -- IN THE COURT OF MS. SUNENA SHARMA, ADDITIONAL DISTRICT JUDGE-04, PATIALA HOUSE COURTS, NEW DELHI CS no. 213 of 2019 Atul Chawla Vs. Noman Hossain. 18.09.2021 Pursuant to the office order no.569/RG/DHC/2021 dated 19.08.2021 of Hon’ble Delhi High Court and office order no. 6813- 6837/Judl./Prin.D&SJ/NDD/2021 dated 21.08.2021, all the matters are taken up physically by this court on even dates and through video conferencing on odd dates. Present : Sh. Shashwati Jindal, counsel for plaintiff physically present. (SHAASHWAT.JINDAL@gmail.com mobile no. 8826908171) Sh. Suman Kumar with Sh. Avinash, counsel for defendant physically present. (AVINASH.JAISWAL79@gmail.com). Both the counsels say that as per instructions of their clients the matter is likely to settle very soon. Counsel for parties say that in order to facilitate the settlement, matter may be sent to Delhi High Court Mediation Cell. In view of submissions and request of parties, case is referred to ‘Samadhan’, Delhi High Court Mediation Cell with a request to explore possibility of settlement. Parties are directed to appear before ‘Samadhan’, Delhi High Court Mediation Cell on 23.09.2021 at 3 p.m and to report back on 16.02.2022. Ahmad is directed to send the file to ‘Samadhan’, Delhi High Court Mediation Cell for the date fixed. (Sunena Sharma) Additional District Judge-04 Judge Code DL00222 Patiala House Courts : New Delhi -- 31 of 34 -- IN THE COURT OF MS. SUNENA SHARMA, ADDITIONAL DISTRICT JUDGE-04, PATIALA HOUSE COURTS, NEW DELHI CS no. 362 of 2021 M/s Ahuja Builders Vs. AIMS Gold Town Developers Pvt. Ltd. 18.09.2021 Pursuant to the office order no.569/RG/DHC/2021 dated 19.08.2021 of Hon’ble Delhi High Court and office order no. 6813- 6837/Judl./Prin.D&SJ/NDD/2021 dated 21.08.2021, all the matters are taken up physically by this court on even dates and through video conferencing on odd dates. Fresh suit under Order 37 CPC received on assignment. It be checked and registered, as per rules. Present : Sh. Abhay Mahajan, counsel for the plaintiff physically present. Counsel heard. File perused. From the nature of the litigation, it appears that dispute in the present suit is commercial in nature. Counsel for plaintiff concedes to the said position and requests that case may be sent to the Ld. District Judge (Commercial). In view of request of counsel, facts and circumstances of the case, let file be sent to the court of Ld. Principal District Judge, PHC, New Delhi with a request to assign the same to Ld. District Judge (Commercial). Plaintiff is directed to appear before the Ld. Principal District Judge, PHC, New Delhi on 20.09.2021. Ahlmad is directed to send the file complete in all respect on or before date fixed. (Sunena Sharma) Additional District Judge-04 Judge Code DL00222 Patiala House Courts : New Delhi -- 32 of 34 -- IN THE COURT OF MS. SUNENA SHARMA, ADDITIONAL DISTRICT JUDGE-04, PATIALA HOUSE COURTS, NEW DELHI Ex. no. 721 of 2017 K. Natrajan Vs. K.P. Suraliraj. 18.09.2021 Present : Sh.S.Mutukrishnan, counsel for DH physically present. Sh. Durga Dutt, Adv. earlier representing DH physically present. Sh. Durga Dutt submits that he was earlier representing DH and he had handed over the entire file with the Transfer Certificate to the DH. Sh. S. Mutukrishnan, Counsel for DH submits that the Transfer Certificate earlier issued in this case was never filed before any court on account of the fact that either it got misplaced by the DH or his counsel. Counsel prays for issuance of fresh Transfer Certificate in this case. Statement of both the counsels recorded separately. In view of the submissions and statement of counsels, let a fresh Transfer Certificate be issued to DH. In terms thereof, petition stands disposed off. File be consigned to record room after due compliance. (Sunena Sharma) Additional District Judge-04 Judge Code DL00222 Patiala House Courts : New Delhi -- 33 of 34 -- IN THE COURT OF MS. SUNENA SHARMA, ADDITIONAL DISTRICT JUDGE-04, PATIALA HOUSE COURTS, NEW DELHI Ex. no. 721 of 2017 K. Natrajan Vs. K.P. Suraliraj. 18.09.2021 Statement of Sh. Durga Dutt, Adv. Enrol. No D136 of 2011, Earlier representing DH. At Bar. 639 I state that earlier I was representing DH in the present execution and I had handed over the entire file with the Transfer Certificate to the DH. RO&AC. (Sunena Sharma) Additional District Judge-04 Judge Code DL00222 Patiala House Courts : New Delhi Statement of Sh.S.Mutukrishnan, Adv. Enrol. No D-404 of 2006, counsel for DH. At Bar. Under the instructions and on behalf my client I state that the Transfer Certificate earlier issued in this case was never filed before any court on account of the fact that either it got misplaced by the DH or his counsel. I pray for issuance of fresh Transfer Certificate in this case. RO&AC. (Sunena Sharma) Additional District Judge-04 Judge Code DL00222 Patiala House Courts : New Delhi -- 34 of 34 --
