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Order 8

CNR DLND01010508202322 Jul 2025
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Order 8 · 22 Jul 2025 · CNR DLND010105082023

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS 473-23
OYO HOTELS AND HOMES PVT LTD Vs. GURBAXISH SINGH
KOHLI
22.07.2025
Present : Sh. Pranjal Srivastava, Ld. Proxy counsel for the plaintiff.
Ms. Sonal Gupta, Ld. Counsel for the defendant (through
VC).
Replication has been filed by the plaintiff.
Ld. Counsel for the defendant forcefully argues that as per
order dated 03.03.2025, the plaintiff was required to file replication within a
week and the present replication ought not to be taken on record.
Considering the sacrosanct principle that procedural law is
hand maid of justice, the delay in filing replication is condoned subject to
cost of Rs.1,000/- to be paid to the defendant and replication is taken on
record.
Both the parties submits that they are not inclined to admit
any of the documents filed by the other side.
Pleadings are complete and the Court hereby frames the
following issues:
i) Whether the plaintiff is entitled for recovery of Rs.50 lacs as
damages from the defendant for making statement against the plaintiff?
OPP
ii) Whether the plaintiff is entitled for relief of perpetual injunction, as
prayed for? OPP
iii) Whether the suit of the plaintiff is not maintainable for want of
cause of action? OPD
iv) Whether the suit has not been filed by the properly authorized
person? OPD
Contd...p/2
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v) Whether the suit of the plaintiff is barred by limitation? OPD
vi) Relief.
No other issue arises or pressed for.
Issue no. (iii) and (v) shall be treated as preliminary issues.
Now to come up for arguments on the preliminary issues in
the instant matter on 29.07.2025.
(Dharmender Rana)
District Judge – 01
PHC/New Delhi/22.07.2025
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