Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 475/24
Priyanka Ahlawadi Vs. Indu
15.04.2025
Cases of 14.04.2025 are taken up today as it was declared
holiday.
Present : Plaintiff with Ld. Counsel Mr. Aashish Goel.
Ms. Asha Jindal, Ld. Proxy Counsel for defendant no. 1.
(defence already struck of)
Mr. Varun Gupta, Ld. Counsel for defendant no. 2
through VC.
(defence already struck of)
In between the dates of hearings, an application under
Section 151 CPC for waiver of cost imposed vide order dated
29.07.2024; application under Order VIII Rule 1 CPC for condonation
in delay of filing the Written Statement and for recalling of order
dated 03.12.2024 and Written Statement has been filed on behalf of
defendant no. 2. Copy supplied.
Arguments heard.
As regards the application under Section 151 CPC for
waiver of cost, it is submitted that the VC of the Court was not
working and that defendant no. 2 had appeared through VC at 11:24
a.m. on 29.07.2024 when the VC had started working. The
submissions made by the Ld. Counsel for the defendant no. 2 are
verified from order-sheet dated 29.07.2024 and found to be correct
whereby the cost imposed upon defendant no. 2 on such date stands
waived of. The application is allowed.
Contd.....
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CS SCJ 475/24
Priyanka Ahlawadi Vs. Indu
-/2/-
As regard the application under Order VIII Rule 1 CPC
for taking the Written Statement on record, for the reasons stated in
the application and considering that defendant no. 2 is a Government
Department where some delays are bound to happen and also in order
to decide the case on merits, the application is allowed, however,
subject to cost of Rs. 2,000/- to be paid to the plaintiff. Subject to the
payment of cost, Written Statement is taken on record.
An application under Order VII Rule 14 (3) CPC for
taking on record Certificate under Section 63 BSA 2023 has also been
filed on behalf of plaintiff.
Copy supplied.
For the reason stated in the application, the same is
allowed and the documents are taken on record.
Evidence by way of affidavit of PW Priyanka Ahlawadi
filed. Copy supplied.
Put up for framing of issues on 05.08.2025.
( Divya Malhotra )
SCJ / RC / North
Rohini Court / 15.04.2025
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