Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 23CC NI ACT 4092/2023
SHWETA JAIN Vs. NANDLAL GOYAL/0 (North Rohini)
Proceedings conducted online through Video Conferencing using CISCO WEBEX Software.
01.05.2024
Present : Sh. Rishab Jain, Ld. Counsel for complainant.
At request, matter be passed over to 02.00 pm.
(SHRUTI SHARMA II)
MM(NI Act) Digital Court-01, North West,
Rohini Courts, Delhi/01.05.2024
At 02.25 pm
Present: Sh. Deepak Sharma, Ld. Counsel for complainant alongwith son of the
Complainant Sh. Rishabh Jain.
At this stage, Ld. Counsel for the complainant Sh. Deepak Sharma, Advocate
submits that he wants to withdraw his vakaltnama from the present case.
Let a separate noting to this effect be recorded in the case file.
Matter is taken up today on an application filed on behalf of the Complainant
seeking release of the original physical file alongwith all the original documents from this court in
the present complaint.
Complainant submits that the physical file in the present complaint was deposited
wrongly in this court. He submits that there are various connected matters which are pending
between the same parties in different courts, out of which some matters are listed before the court
of Ms Shivangi Mangla, Ld. MM, NI Act, DC-02, North West, Rohini Courts in which the next
date of hearing is 06.07.2024.
Complainant further submits that the physical case file of the complaint before this
court was wrongly deposited in the court of Ms Shivangi Mangla, Ld. MM, NI Act, DC-02, North
West, Rohini Courts and the physical case file of present complaint pending before court of Ms
Shivangi Mangla, Ld. MM, NI Act, DC-02, North West, Rohini Courts was wrongly deposited in
this court inadvertently.
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By way of present application, Complainant seeks release of the original file of the
present complaint so that the same can be filed in the correct court for further proceedings.
He further submits that the e-filing of the complaint in the present case was done
correctly and there was error only with respect to physical filing of the complaint.
In this matter summons were already issued to the accused on the last date of hearing
i.e 04.03.2024 on the basis of arguments heard from the perusal of the complaint uploaded on the
layers.
Submissions heard.
Record perused.
As the original physical records of the present complaint is not before this court
rather the records of the other case are filed in the present case, therefore by way of this order, the
Complainant is allowed to withdraw his original physical file alongwith all the original documents
subject to a written undertaking that the original physical file of this case alongwith all the relevant
documents shall be deposited by him as soon as orders of the release of the same are passed by Ms
Shivangi Mangla, Ld. MM, NI Act, DC-02, North West, Rohini Courts.
Further as there is negligence and inadvertence on the part of the Complainant in
filing the present complaint therefore the Complainant is burdened with the cost of Rs. 1000/- to be
deposited in Bar Counsel of Delhi Indingent and Disabled Lawyers Account.
Receipt/proof of the same be submitted before the next date of hearing.
Reader cum Ahlmad of this court is directed to get the undertaking signed regarding
the deposition of the correct physical file from the Complainant. He is also directed to release the
original physical case file with the separate noting of incorrect filing on it.
Put up again on the date already fixed i.e. 05.06.2024.
(SHRUTI SHARMA II)
MM(NI Act) Digital Court-01, North West,
Rohini Courts, Delhi/01/05/2024
Page no. 2/2
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