Interim Order 15

Order Details: COPY OF ORDER
Pdf Text: CS (COMM) 71/24
Mohd. Amir Vs. Diwan Singh Yadav
22.01.2025
Present: Mohd. Sarfaraz, Ld. Counsel for plaintiff.
Mr. Himanshu Yadav, Ld. Counsel for defendant
(through video conferencing).
Ms. Kanishka Gautam, proxy for Mr. Himanshu
Yadav, Ld. Counsel for defendant is also appearing
physically before the court.
Ld. Counsel for plaintiff has paid previous cost of
Rs.5,000/- to the proxy counsel, who is appearing on behalf of
defendant.
Ld. Counsels for parties submit that at present, there
exist no elements for settlement. Ld. Counsel for defendant has
also filed proposed issues, same have been perused.
From the pleadings of the parties, following issues
are framed:-
1. Whether this court has no territorial jurisdiction to
try the present suit ? OPD
2. Whether the plaintiff is entitled for a decree for
sum of Rs.3,09,750/-? OPP
3. Whether the plaintiff is entitled for pendente lite
and future interest @ 18 % per annum? OPP
4. Relief.
No other issue arises or pressed by the parties.
Both parties shall file list of witnesses disclosing the
name and address of witnesses to whom they propose to call
either to give evidence or to produce document within two weeks
positively. Examination in chief of plaintiff as well as defendant
witnesses be also filed by way of affidavit with advance copy to
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opposite party well before next date of hearing.
Case Management Hearing
Put up for plaintiff evidence on 15.02.2025,
defendant evidence on 22.02.2025 and for final arguments on
01.03.2025.
Parties are also directed to file short written synopsis
not more than 3-4 pages one week prior to the date of final
arguments with advance copy to each other.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East, KKD Courts, Delhi
22.01.2025
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