Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM.)/709/2023
DLND010109402023
CANARA BANK
VS.
SHREE BALAJI FRUIT AND VEGETABLE PROCESSING
INDUSTRIES & ORS.
11.09.2024
Present: Sh. Anuj Kumar, Advocate for Plaintiff.
Sh. Harsh Narwal, Proxy for Sh. D. P. Chaturvedi,
Advocate for Defendant nos. 1 to 3 (through video
conferencing).
Sh. Anmol Panwar, Advocdate for Defendant no. 4
(through video conferencing).
Ms. Nikhat Parveen, Proxy for Sh. S.K. Tyagi,
Advocate for Defendant no. 5.
Heard. File perused.
Written statement alongwith Statement of Truth,
documents alongwith list of documents, affidavit in terms of
Order XI Rule 6 (3) CPC and an application under Order VIII
Rule 1 CPC for condonation of delay in filing the written
statement by defendant no. 4, are already on record. Advance
copies thereof were already supplied to the opposite side.
Three separate rejoinders/replications to the written
statements filed by defendant nos. 1 to 3 on the one hand and by
defendant nos. 4 and 5 respectively, besides affidavit conceerning
admission denial of documents of said defendants, have been
filed on behalf of plaintiff. Advance copies thereof already
supplied to the opposite sides.
Two separate replies of applications under Order
VIII Rule 1 CPC of defendant nos. 1 to 3 on the one hand and by
Contd:-
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defendant no. 4 on the other hand, are also filed on behalf of
plaintiff. Advance copy already supplied to the opposite sides.
However, record reveals that the defendant nos. 1 to
3 on the one hand and defendant no. 4 on the other hand, have
not filed their respective affidavits concerning admission denial
of documents of plaintiff either within four weeks in terms of
order dated 03.07.2024 passed by this Court or even till date.
Ld. Counsels appearing on behalf of the aforesaid
defendants seeks two weeks more time for filing the said
affidavits of admission denial of documents. However, they have
failed to furnish any sufficient or justifiable ground for not filing
such affidavits on record in tems of order dated 03.07.2024. Still,
in the interest of justice, said defendants are hereby granted last
opportunity to file such affidavits of admission denial of
documents within two weeks from the date of this order, with
direction to supply advance copy thereof to the opposite side,
however, subject to payment of cost of Rs 5,000/- each payable
by defendant nos. 1 to 4. Out of said costs, part costs of Rs.
2,500/- each shall be payable to the plaintiff bank and remaining
costs shall be deposited by defendant nos. 1 to 4 with DLSA,
New Delhi District, Patiala House Courts and receipts thereof be
placed on record by next date.
Put up on 16.10.2024 for payment of cost,
compliance of aforesaid direction and arguments on both the
applications under Order VIII Rule 1 CPC moved by defendant
nos. 1 to 4.
Vidya Prakash
District Judge (Commercial Court)-02
Patiala House Court, New Delhi.
11.09.2024(V)
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