Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: CS (COMM.) 14/25
M/S DEV BHUMI COLD CHAIN PVT.LTD. Vs. GREEN FRESH
AGRO PRODUCTS AND ANR.
06.06.2025 (At 10:53 AM)
Present:- Sh. Ankit Dang, Ld. Counsel for the plaintiff through video
conferencing.
Sh. G. Karthikeyan, Ld. Counsel for the defendants through
video conferencing.
As per the reports, the defendants were served through email
on 25.04.2025.
Defendant no.3 is stated to be Proprietor of defendant no.1
and defendant no.2 has been authorized to represent defendant no.3 as
well as defendant no.1. For the purpose of this case, it shall be
defendant no.3 who shall be deemed to be a proper party rather than
defendants no.1 and 2.
Ld. Counsel for the defendants submits that the defendants
have filed written statement along with, an application under Section
151 CPC to refer the present matter to Mediation, Affidavit of
Admission and Denial of documents, Certificate under Section 63 (4) of
BSA, 2023 along with documents, Statement of Truth, an application
under Order VIII Rule 1 read with Section 151 CPC and Vakalatnama.
Written statement was filed on behalf of the aforesaid
defendants along with Statement of Truth and Affidavit of Admission
and Denial of documents with certain documents. However, Affidavit of
Admission and Denial of documents is not in accordance with the
provisions of Commercial Courts Act, 2015. Certain documents are not
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legible enough and some documents are in their regional language
without there being certified translated copy of the same in English
language.
There is an application under Order VIII Rule 1 read with
Section 151 CPC to condone delay of three days in filing the written
statement.
In the larger interest of justice, application under Order VIII
Rule 1 read with Section 151 CPC is allowed and delay is condoned.
Written statement is taken on record however, the defendant is
impressed upon to ensure that in future every steps shall be taken by her
within the stipulated time period as prescribed in law. Defendant is also
given additional opportunity to file fresh Affidavit of Admission and
Denial of documents in accordance with law along with legible copies
of relied upon documents and certified translated copy of documents
which are in regional language. Same be filed within seven working
days with advance copy of the same being supplied to Ld. Counsel for
the plaintiff. From the date of receiving the same, the time period to file
replication and Affidavit of Admission and Denial of documents shall
start for the plaintiff and the plaintiff may file replication along with
Affidavit of Admission and Denial of documents within the stipulated
time period.
Put up this matter for framing of issues and case
management hearing on 26.08.2025.
(Pulastya Pramachala)
District Judge (Commercial Court-01),
Patiala House Courts Complex,
New Delhi/06.06.2025
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