Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS No.4166/24
Juhi Goel and Anr. Vs. Seema Goel
17.12.2024
Present : Mr. Gaurav Arora, Ld. Counsel for the plaintiffs
alongwith plaintiffs and Ms. Renu Gandhi @ Sonali
in person.
Ms. Shivali, Ld. Counsel for the defendant through
VC.
Evidence by way of affidavit of Ms. Renu Gandhi is filed.
Ld. Counsel for the plaintiffs submits that he is carrying
copy of the affidavit for it to be supplied to the Ld. Counsel for
the defendant, however, Ld. Counsel for the defendant is not
present in the Court physically and therefore, copy cannot be
supplied.
An application for recalling order dated 27.07.2023 filed
by the defendant is pending for consideration.
Ld. Counsel for the plaintiff submits that he has not
received copy of the application.
Ld. Counsel for the defendant submits that she had
supplied the copy.
Despite asking by the Court, Ld. Counsel for the defendant
is unable to furnish proof of service.
When the defendant filed the above application and it
came up for consideration before the Court on 29.10.2024, the
Court directed that process fee be filed so that notice of the
application can be sent to the plaintiffs. However, this direction
of the court has not been complied with by the defendant.
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As a consequence, since the Ld. Counsel for the plaintiff
has not received copy of the application, matter will have to be
adjourned. The witness of the plaintiffs is also present before the
Court for recording of her evidence. She will have to be
discharged unexamined today.
For today’s adjournment, a cost of Rs.10,000/- is imposed
upon the defendant to be paid to the plaintiffs.
At this stage, Mr. Vishwendra Verma, Ld. Counsel for the
defendant has appeared through VC. He submits that a new
practice has been developed by this Court to impose costs for no
fault of the parties.
This Court is of the opinion that whenever case is
adjourned due to a party, that party should compensate the
opposite party in monetary terms for causing the adjournment.
Ld. Counsel for the defendant is requested to reserve his
submissions to be made by him before the Appellate Court and
not criticize the order of this Court before this Court itself.
However, Ld. Counsel for the defendant continues to state
that a new practice has been made by this Court to impose costs
arbitrarily.
Let copy of the application of the defendant be supplied to
the Ld. Counsel for the plaintiffs within two weeks from today
and against acknowledgment.
At this stage, Ld. Counsel for the defendant submits that
he does not have the address or any other contact details of the
plaintiffs’ Counsel.
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The defendant and her Counsel are always at liberty to
inspect the Court file to obtain the contact details of Ld. Counsel
for the plaintiffs, in case the contact details have not been
mentioned in the copy of the pleadings of the plaintiffs which
were supplied to the defendant.
At this stage, at the request of Ld. Counsel for the
defendant, Ld. Counsel for the plaintiffs has disclosed that his
mobile number is ‘8800272829’.
Let copy of the reply to the application, if any, be supplied
to the Ld. Counsel for the defendant atleast 15 days prior to the
next date of hearing.
To come up for payment of cost and for arguments on the
above application on 25.04.2025.
(Shirish Aggarwal)
District Judge-03
Patiala House Courts, New Delhi
17.12.2024
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