Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: 21CS (COMM.)330/23
ARDH SAINIK CANTEEN Vs. CAM INFOTECH
03.05.2024
Present: Sh. Sarabhjeet Singh, Ld. Counsel for plaintiff.
Sh. Rahul Bhardwaj, Ld. Counsel for defendant.
Today, the WS without any index, Statement of Truth and the
affidavit of admission/denial of documents has been filed.
The defendant had appeared through counsel in court on
13.09.2023 on which date a complete set of paper book was supplied to Ld.
Counsel for the defendant. More than 120 days have elapsed.
Therefore, in view of the law laid down by Hon’ble Supreme
Court in ‘
MANU/SC/0227/2019’, titled as ‘SCG Contract India Pvt. Ltd.
Vs. K.S. Chamankar Infrastructure Pvt. Ltd. & Ors.’, the WS cannot be
taken on record.
The right of the defendant to file WS in the matter stands
closed and his defence also stands struck off.
Today, I have heard Ld. Counsel for the plaintiff on an
application u/o 8, Rule 10 CPC.
Firstly, the suit appears to have been filed by a proprietorship
firm but the name of the proprietor has not been mentioned in the suit.
Secondly, there are several questions of facts which require leading of
evidence in the matter. The matter cannot be disposed off in a summary
manner.
The application u/o 8, Rule 10 CPC accordingly stands
dismissed.
List for PE now on 07.08.2024.
At this stage, Ld. Counsel for the defendant wants to settle the
matter with the plaintiff. Ld. Counsel for the plaintiff has no objection
thereto.
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Heard.
At joint request, let the matter be placed before Ld. Judge
Incharge, Mediation Center, Rohini Courts on 31.05.2024 at 2.00 P.M. for
recording of settlement, if any, and thereafter before this court on
07.08.2024. Parties are directed to appear before Ld. Judge Incharge,
Mediation Center on the aforesaid date and time.
(Vinod Yadav)
District Judge (Commercial Court)-02
North-West/Rohini Courts/03.05.2024
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