Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM.) 145/23
SAURABH BHALOTIA
VS.
REAL GROWTH COMMERCIAL ENTERPRISES LTD. & ORS.
and
CS (COMM.) 146/23
KANTA BHALOTIA
VS.
REAL GROWTH COMMERCIAL ENTERPRISES LTD. & ORS.
23.02.2024
Present: Sh. Aayush Kuchhal, Ld. Counsel for Plaintiff.
Sh. Ashok Chhaparia, Ld. Counsel for Defendant
No.1.
None for Defendant No.2 and 3.
Sh. Ashok Chhaparia, Advocate has filed his
Vakalatnama on behalf of the Defendant No.1, which is taken on
record.
Ld. Counsel for Defendant No.1 submits that the suit
is not maintainable in view of the Judgement of the Hon’ble
Supreme Court in AIR 2014 Supreme Court 371 titled as Jagdish
Singh Vs. Heeralal & Ors. decided on 30.10.2013.
In any case, the written statement is not filed by
Defendant No.1 within a period of 30 days as prescribed under
the Commercial Courts Act. As the Defendant No.1 was duly
served on 06.12.2023, the defence of Defendant No.1 is hereby
struck off.
In so far as 120 days are yet to elapse, defendant no.1
is at liberty to move appropriate application seeking condonation
of delay in filing WS within this window.
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In view of the pleadings, following notional issues are
framed:-
(1) Whether the Plaintiff is entitled to Decree of specific
performance in favour of the Plaintiff and against Defendant
No.1, as prayed for? .... OPP
(2) Whether the Plaintiff is entitled to Decree of permanent or
mandatory or prohibitory injunction in favour of the Plaintiff and
against Defendant No.2 and 3, as prayed for? …...OPP
(3) Relief.
No other issue arises or is pressed for.
List of witnesses and affidavit in evidence of the
witness be filed by the Plaintiff within two weeks from today
with advance copy to the opposite party.
Put up for ex-parte PE on 27.04.2024.
Interim order to continue till next date.
(GORAKH NATH PANDEY)
District Judge (Commercial Court)
North:Rohini:Delhi/23.02.2024
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