Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 19
CS (COMM.)/563/2023
DLND010087912023
M/S. AHUJA SALES CORPORATION THROUGH ITS SOLE
PROPRIETOR
VS.
M/S TSK HOSPITALITY LLP THROUGH ITS DIRECTORS
21.04.2025
Present: Sh. Pawan Kant Singh, Proxy for Sh. Amandeep
Singh, Advocate for Plaintiff.
Sh. Kaustubh Prakash, Advocat for Defendant
(through video conferencing).
Ms. Prachi Bhatia and Ms. Tanya Singh, Advocates
for Defendant are also present in the Court.
Heard. File perused.
Replication and an affidavit concerning admission
denial of documents of defendants are filed on beahlf of plaintiff.
Advance copies thereof already supplied to the opposite side.
At the outset, Ld. Counsel of defendant has raised an
objection that the plaintiff failed to file its replication within the
period of four weeks from last order dated 24.02.2025, despite
grant of last and final opportunity granted by this Court and
therefore, same should not be taken on record.
Ld. Proxy Counsel of plaintiff, on the other hand,
submits that replication could not be filed within said time as
proprietor of plaintiff was out of town for considerable period.
Record shows that written statement of defendant
was taken on record on 24.09.2024, whereafter, the plaintiff was
Contd:-
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granted four week’s time to file replication vide order dated
24.09.2024. However, the plaintiff failed to file the replication
either within said time period or even till the next date of
08.11.2024 or even till subsequent date of 24.02.2025. Still in the
interest of justice, the plaintiff was granted last and final
opportunity to file it within four week’s time vide order dated
24.02.2025. Indisputably, the plaintiff still failed to file the same
within the said time period. Hence, the objection raised on behalf
of defendant is allowed and the replication filed by plaintiff is not
been taken on record.
Main arguing Counsel of plaintiff is stated to be not
available today.
On request, put up on 24.07.2025 for arguments on
inujunction application under Order XXXIX Rules 1 and 2 CPC
moved by plaintiff.
Vidya Prakash
District Judge (Commercial Court)-02
Patiala House Court, New Delhi.
21.04.2025(V)
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