Interim Order 6

Order Details: COPY OF ORDER
Pdf Text: C.S. (COMM) 45/24
M/S DARPAN GLASS THROUGH ITS
PROPRIETOR ABDUL GAFFAR MALIK
VS.
M/S THE TILE WHOLESALER
18.09.2024
Present: Sh. Gulshan Garg, Sh. Sahil Sharma and Ms. Tanu,
Ld. Counsels for plaintiff.
None for defendant.
Perusal of record shows that the defendant was
proceeded ex parte vide order dated 26.07.2024.
Matter is fixed for final arguments. However, Ld.
Counsels for plaintiff submit that their application under Order
VII Rule 14 CPC r/w section 151 CPC, dated 12.08.2024 (IA No.
2/24) seeking permission for filing certain documents is pending
disposal.
Heard. It is submitted that the plaintiff came to
know that the defendant is a partnership firm having registered
with GST later on and now plaintiff wants to file on record
documents down-loaded from GST portal to show that defendant
is a partnership firm. It is submitted that initially the plaintiff was
not aware about the status of the defendant company and
therefore they could not file those documents on record. It is
further submitted that no prejudice would be caused to the
defendant if these documents are taken on record.
In view of submissions, application under Order VII
Rule 14 read with section 151 CPC (IA No. 2/2024) stands
allowed. Let the documents annexed with the application be taken
on record.
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Ld. Counsel for plaintiff further submits that he has
filed the copy of e-way bill regarding invoice no. 383, dated
28.06.2022. It is submitted that Ld. Counsels will file an
appropriate application for taking on record this e-way bill. Some
time is prayed.
At request, put up this matter for remaining
arguments on 01.10.2024.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East,KKD Courts,Delhi
18.09.2024
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