Order 6

Order Details: COPY OF ORDER
Pdf Text: CS No.13/25
RAM KUMAR SHARMA Vs. RAKESH SHARMA
05.08.2025
Present: Sh. Nitesh Anand, Counsel for the plaintiff through
VC.
Sh. Mohit Dwivedi & Sh. Bhupender Singh Raghav,
Counsels for the defendants alongwith defendant
no.2.
Replication to the written statement of defendant
no.1 & 2, reply to the application under Order VII Rule 11 CPC
alongwith documents filed on behalf of plaintiff. Copy given.
Heard on application under Order VII Rule 11 CPC
filed by defendants. After arguing for sometime, ld. Counsel for
defendants requested permission to withdraw the application with
liberty to take up the issue during the course of trial. Request
allowed. Accordingly, application under Order VII Rule 11 CPC
is dismissed as withdrawn as not pressed.
Pleadings are complete. On the basis of pleadings
and material available on record, following issues are framed:
1) Whether plaintiff has deposited any amount in any scheme
with any of the defendant and is entitled for the suit claim? OPP.
2) Whether plaintiff has any cause of action to file the
present suit? OPP.
3) Whether plaintiff is entitled for any interest, if so, for
which period and at what rate? OPP.
4) Relief, if any.
contd2/….
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No other issue arises or pressed by the ld. Counsels
for the parties.
I have talked to the parties as well as their counsels.
In my opinion, there is element of settlement in the matter
between the parties, therefore, as requested, matter is referred to
Mediation Center, Karkardooma Courts, Delhi.
Both the parties are directed to appear before the
Mediation Center, Karkardooma Court, Delhi on 08.08.2025 at
12.30 pm. Parties to appear before Mediation Center accordingly.
In case matter is not settled, plaintiff will file list of
witnesses and affidavit of PWs at least 7 days prior to the next
date by giving advance copy to the opposite party.
Put up on 09.10.2025 for Plaintiff evidence.
(SANJEEV JAIN)
Principal District & Sessions Judge
North-East, Karkardooma Courts,
Delhi/05.08.2025
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