Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS No. 4166/24
Juhi Goel and Anr. vs. Seema Goel
25.04.2025
Present: Mr. Gaurav Arora, Ld. Counsel for the plaintiffs
alongwith plaintiffs in person.
Mr. Vishwendra Verma, Ld. Counsel for the
defendant.
Cost of Rs. 10,000/- is paid to the plaintiff no. 1.
The application for recalling of order dated
27.07.2023 and for direction to the plaintiff to supply copy of
plaint and documents is taken up for consideration.
On 19.01.2023, the counsel for the defendant stated
that copy of the plaint and documents were not supplied.
On making of this submission, Ld. Counsel who was
appearing for the plaintiff undertook to supply copy of the same.
On the next date of hearing i.e. 21.04.2023, Ld.
Counsel for the defendant stated that she has still not received
copy of the plaint.
In response, Ld. Counsel for the plaintiff stated that
he will supply the same.
On the next date of hearing i.e. 27.07.2023, no one
was present on behalf of the defendant.
The Ld. Predecessor of the Court observed that
written statement has not been filed. Accordingly, the right of the
defendant to file written statement was closed.
In the application under consideration, it is stated
that till date, copy of the plaint and documents have not been
Contd...2/-
-- 1 of 4 --
-2-
supplied and therefore, the defendant could not have filed her
written statement.
It is prayed that the order dated 27.07.2023 be
recalled and direction be given to the plaintiffs to supply copy of
the plaint and documents.
Arguments have been heard and the record has been
perused.
The Court has asked Ld. Counsel for the plaintiff if
after 19.01.2023, copy of the plaint and documents were supplied
to the defendant or to her counsel.
Ld. Counsel for the plaintiff has replied in the
affirmative and has stated that he had received a WhatsApp
message from one Mr. Vivek Sinha, Advocate, who claimed to be
an advocate for the defendant. He states that on 03.05.2023, copy
of the plaint and accompanying documents were sent to Mr.
Vivek Sinha, Advocate on WhatsApp.
Ld. Counsel for the defendant submits that Mr.
Vivek Sinha is not an advocate of the defendant and that he does
not have any association with him.
With the permission of the Court, Ld. Counsel for
the plaintiffs has called Mr. Vivek Sinha and has spoken to him
on speaker phone. On a query put to Mr. Vivek Sinha by Ld.
Counsel for the defendant during this phone call, Mr. Vivek
Sinha has denied having any association with Ld. Counsel for the
defendant in the present case. He has also denied being an
advocate of the defendant.
Since after 19.01.2023, the plaintiffs have not
Contd...3/-
-- 2 of 4 --
-3-
supplied copy of the plaint and accompanying documents to the
defendant or to any person authorized by her, the plaintiffs have
not complied with the direction of supplying copy of her plaint
and accompanying documents. It appears that they supplied it to
a person who was not authorized to receive it on behalf of the
defendant. For this reason, the application of the defendant is
allowed. Order dated 27.07.2023 is recalled.
At this stage, on the direction of the Court, soft copy
of the plaint and accompanying documents have been sent to Ld.
Counsel for the defendant on WhatsApp by Ld. Counsel for the
plaintiffs.
At this stage, Ld. Counsel for the defendant submits
that in the copies supplied to him, documents at page numbers 48
and 52 are illegible.
In view of the submission, Ld. Counsel for the
defendant is permitted to take photographs of these two pages as
available in the court file.
Court file is handed over to Ld. Counsel for the
defendant. He has taken photographs of page numbers 48 and 52.
Let written statement be filed within 30 days from
today after supplying advance copy to Ld. Counsel for the
plaintiffs.
Let replication be filed within 30 days from
receiving copy of the written statement after supplying advance
copy to Ld. Counsel for the defendant.
Let affidavits of admission and denial of documents
and proposed issues be filed by the parties by the next date of
Contd...4/-
-- 3 of 4 --
-4-
hearing after supplying advance copy to the opposite party at
least 15 days prior to the next date of hearing.
To come up for framing of issues on 05.07.2025.
At this stage, Ld. Counsel for the defendant submits
that he will be filing an application for waiver of the cost.
(Shirish Aggarwal)
District Judge-03
Patiala House Courts, New Delhi
25.04.2025
-- 4 of 4 --