Full Order Text
Order 6 · 02 Apr 2025 · CNR DLND010109402023
Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS (COMM.)/709/2023 DLND010109402023 CANARA BANK VS. SHREE BALAJI FRUIT AND VEGETABLE PROCESSING INDUSTRIES & ORS. 02.04.2025 Present: Sh. Kumar Vishwajeet, Advocate for Plaintiff. Sh. D. P. Chaturvedi, Advocate for Defendant nos. 1 to 3. Sh. Anmol Panwar, Advocate for Defendant no. 4 (through video conferencing). Sh. Shiv Kumar Tyagi, Advocate for Defendant no. 5. Heard. File perused. It is jointly submitted on behalf of the parties that the plaintiff, as also defendant nos. 1 to 3 have already concluded their evidence before Ld. Local Commissioner, whereas defendant nos. 4 and 5 have preferred not to lead any evidence and have already closed their evidence before Ld. Local Commissioner on 01.04.2025. The proceedings of Ld. Local Commissioner have already been received in this regard. In view of above, the affidavit in evidence of DW Sh. Sandeep Dixit, Chief Manager, filed on behalf of defendant no. 5/SBI, is thus taken off the record and shall not be read in evidence. An application under Section 151 CPC seeking Contd:- -- 1 of 2 -- -2- substitution of AR is already filed on behalf of defendant no. 5. Advance copy thereof already supplied to the opposite side. Ld. Counsel of plaintiff, on instructions, states at Bar that plaintiff does not wish to file any written reply to the aforesaid application and also there is no objection if the aforesaid application is allowed. Accordingly, arguments on the aforesaid application heard. Record perused. By way of application under Section 151 CPC, the defendant no. 5 seeks substitution of its AR by stating that its previous AR namely Ms. Shruti Pandit has been assigned with administrative work and thus, Sh. Sandeep Dixit has been appointed as new AR vide Gazette Notification dated 27.03.1987. In view of the aforesaid facts and circumstances and the reasons assigned in the application, same is allowed and stands disposed off. Accordingly, Sh. Sandeep Dixit is substituted as new AR in place of previous AR Ms. Shruti Pandit. Put up on 03.05.2025 at 10.30 am for final arguments. Both the sides are directed to file their respective brief written synopsis not exceeding three pages alongwith relied upon judicial precedents, if any, after supplying advance copy thereof to the opposite side, within four weeks from the date of this order. Vidya Prakash District Judge (Commercial Court)-02 Patiala House Court, New Delhi. 02.04.2025(V) -- 2 of 2 --