Order 9

Order Details: COPY OF ORDER
Pdf Text: C.S. (COMM) 126/23
NITIN RASTOGI & ANR.
VS.
ABHISHEK GIRI & ANR.
13.08.2024
Present: Sh. Kamal Jindal, Ld. Counsel for plaintiffs with
plaintiff no. 1 in person.
Sh. Amit Sharma, Ld. Counsel for defendants with
defendant no. 1 in person.
As per record, defence of the defendants was struck
off vide order dated 21.05.2024.
Ld. Counsel for plaintiffs submits that he has filed an
application under Order XVIII Rule 17 read with section 151
CPC for recalling of witness PW1 alongwith one additional
affidavit of evidence through e-filing. Hard copies are also filed
on record.
It is submitted that by way of additional affidavit,
plaintiffs want to exhibit the original invoices as the photocopies
of which have already been exhibited in the previous examination
in chief of the plaintiff no. 1. Ld. Counsel for defendants submits
that he has no objection if the application is allowed.
Heard. In view of submissions, the application under
Order XVIII Rule 17 read with section 151 CPC for recalling of
witness PW1 stands allowed.
At this stage, Ld. Counsel for plaintiffs submits that
the plaintiffs want to withdraw the additional affidavit of
evidence of plaintiff no. 1. Separate statement of plaintiff no. 1 is
recorded in this regard. In view thereof, the additional affidavit
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dated 08.08.2024 is ordered to be not taken on record.
PW-1 is further examined, cross-examined and
discharged. No other witness is present. Plaintiffs evidence
stands closed.
Put up for final arguments on 09.09.2024.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East,KKD Courts,Delhi
13.08.2024
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