Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 16
CS (COMM.) 320/25
M/S SYSTEMS INDIA Vs. MS VIBHA TYAGI
22.04.2026
Present: Ms. Jyoti Dwivedi , ld. Counsel for plaintiff
with AR of the plaintiff firm
Sh. Ashok Aggarwal, ld. Counsel for defendant with
daughter of defendant.
Previous cost of the Rs. 2000/- paid on behalf of the
plaintiff. Counsel for the defendant again seeks time for filing
affidavit of admission and denial to documents of plaintiff
permitted to be taken on record vide order dated 26.02.2026. last
opportunity is given for filing the affidavit within a week from
today.
Both the counsels have no objection if the issues are
framed.
1. Whether the suit filed by the plaintiff firm is hit by
provisions of section 69(2) of Partnership Act for want of
registration of plaintiff firm? OPP.
2. Whether the plaintiff firm deemed to come to an end
by virtue of section 42 (c) of Partnership Act, in view of
the facts as mentioned in para 4 of the preliminary
objection of the defendant? OPD.
3. Whether the premises in question was let out against
the terms of the lease, without permission from the DDA,
if so, to what effect? OPD.
4. Whether the plaintiff is entitled for decree of sum of
Rs. 6,81,500/- as prayed for on account of arrears of rent?
OPP.
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5. Whether the plaintiff is entitled to a sum of Rs.
245340/- on account of interest calculated @ 18% p.a.
from April 2023 to April 2025? OPP.
6. Whether the plaintiff is entitled for mesne profits, if
so, at what rate and for what period? OPP.
7. Whether the plaintiff is entitled for relief of cost, if
so, for what amount? OPP.
8. Relief.
No other issue arises or pressed for.
Parties are directed to file the list of witnesses within
two weeks for today.
Efforts for settlement between the parties were
made.
Put now this case for recording of PE on
17.08.2026.
(Shailender Malik )
District Judge (Commercial)-02
North District, Rohini Courts,
Delhi/22.04.2026
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