Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 5
CS (COMM.)/144/2023
DLNW010017822023
PURE AND CURE PVT. LTD.
Vs.
PREMEDIUM PHARMACEUTICALS PVT LTD. AND ORS.
17.12.2024
Present: Sh. Arvind Jha, Ld. Counsel for plaintiff.
Sh. Vinod Kumar Singh, Ld. Counsel for all
defendants except defendant no.2 and 6.
Application under Order 7 Rule 11 CPC r/w Section
151 CPC, Application under Section 5 of the Limitation Act
seeking condonation of delay in filing Written Statement and
Affidavit of defendant no.4 for admission/denial of documents,
have been filed on behalf of defendants.
It is submitted that defendant no.4 is the notional
Director of defendant no.1 and accordingly, Admission/Denial of
documents, is being filed for all the defendants, for whom the
Counsel is appearing.
Ld. counsel for plaintiff submits that copy of Written
Statement alongwith annexures has still not been provided to
him. Ld. counsel for defendant submits that as per the tracking
report of the Courier, same has already been delivered at the
office of the plaintiff even before as on 18.10.2023.
Ld. counsel for plaintiff submits that a mail was
issued on behalf of the plaintiff for supply and the receipt of the
paper-book of Written Statement by way of courier delivered on
18.10.2023, is denied.
Contd.. P/2
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The Court has perused the record. All the defendants
have been duly served, as reflected
vide orders of my Ld.
Predecessor dated 23.08.2023. However, Written Statement has
been filed for all defendants except defendant no.2 and 6, as such
defence of defendant no.2 and 6 is struck off, subject to the
defendant have necessary parties.
Let entire paper-book of Written Statement be
supplied to Ld. counsel for plaintiff today itself. Let copies of all
the filings on behalf of defendants today, be also provided to Ld.
counsel for plaintiff. The Court shall also consider the relevance
of impleadment of defendant no.2 to 7, as per law on the next
date of hearing.
Let reply, if any, to the condonation application be
filed with advance copies to be supplied to the other side.
Let reply, if any, to the application under order 7
Rule 11 be filed with advance copies to be supplied to the other
side.
Put up for consideration on applications / further
proceedings on 15.07.2025.
( Preeti Agrawal Gupta )
District Judge (Commercial Court)-01
North-West, Rohini, Delhi.
17.12.2024
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