Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM.)/709/2023
DLND010109402023
CANARA BANK
VS.
SHREE BALAJI FRUIT AND VEGETABLE PROCESSING
INDUSTRIES & ORS.
03.07.2024
Present: Sh. Ashish Mishra alongwith Sh. Anuj Kumar,
Advocates for Plaintiff.
Sh. D. P. Chaturvedi, Advocate for Defendant nos. 1
to 3.
Sh. Anmol Panwar, Advocate for Defendnat no. 4
(through video conferencing).
Sh. Shiv Kumar Tyagi, Advocate for Defendant no.
5/SBI (through video conferencing).
Heard. File perused.
Joint written statement alongwith Statement of
Truth, list of documents alongwith documents, an application
under Section 151 CPC seeking condonation of delay in filing
the written statement alongwith vakalatnama and proof of service
filed by defendant nos. 1 to 3, and separate written statement
alongwith Statement of Truth, documents and vakalatnama filed
by the defendant no. 5/SBI, are already on record. Advance
copies thereof already supplied to the opposite side.
However, it is noticed that the defendant nos. 1 to 3,
as also defendant no. 5 have not filed their affidavits concerning
admission denial of documents filed by plaintiff. Same being
curable defect, they are permitted to file the same within four
weeks from the date of this order with advance copy to the
opposite side.
Contd:-
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Ld. Counsel of defendant no. 4 states at Bar that
e-
filing of written statement alongwith application under Order
VIII Rule 1 CPC seeking condonation of delay in filing the said
WS, is already done but hard copy has not yet been filed. He
however submits that advance copies have already been supplied
to the opposite side, which submission is not disputed by Ld.
Counsel of plaintiff.
On request, put up at 12.30 pm for filing hard copy
of the written statement and its annexures besides condonation of
delay application by defendant no. 4.
Vidya Prakash
District Judge (Commercial Court)-02
Patiala House Court, New Delhi.
03.07.2024(V)
Second call at 12.30 pm.
Present: None for Plaintiff.
Sh. D. P. Chaturvedi, Advocate for Defendant nos. 1
to 3 (through video conferencing).
Sh. Anmol Panwar, Advocate for Defendant no. 4
(through video conferencing).
Ms. Nasreen, Proxy Counsel for Defendant no. 4 is
also present in the Court.
Sh. Shiv Kumar Tyagi, Advocate for Defendant no.
5/SBI (through video conferencing).
Heard. File perused.
Ld. Proxy Counsel of defendant no. 4 has filed
scanned copy of written statement alongwith Statement of Truth,
Contd:-
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documents, affidavit under Order XI Rule 6 (3) CPC as
applicable to the Commercial Courts Act, 2015 and an
application under Order VIII Rule 1 CPC seeking condonation of
delay in filing the said WS. On request, original hard copies
thereof is allowed to be filed positively by tomorrow i.e., till
04.07.2024.
However, it is noticed that the defendant no. 4 has
not filed his affidavit concerning admission denial of documents
filed by plaintiff. Same being curable defect, he is permitted to
file the same within four weeks from the date of this order with
advance copy to the opposite side.
The plaintiff is directed to file written replies, if any,
to aforesaid two separate applications seeking condonation of
delay moved by defendant nos. 1 to 3 on the one hand and by
defendant no. 4 on the other hand within six weeks from today
with advance copy to the opposite side.
The plaintiff is also directed to file replication, if
any, to the written statement of defendant no. 5 within six weeks
with direction to supply advance copy thereof to the opposite
side.
Put up on 11.09.2024 for replies, if any and
arguments on both the aforesaid applications.
Vidya Prakash
District Judge (Commercial Court)-02
Patiala House Court, New Delhi.
03.07.2024(V)
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