Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: 8CS (COMM)44/24
HPI INDUSTRIES Vs. NEUE LIGHT PRIVATE LIMITED
27.01.2024
Fresh case received by way of assignment. It be checked
and registered.
Present : Ld. Counsel for plaintiff.
Submissions heard. Record perused. Perusal of record reveals
that suit seeks recovery of Rs. 5,63,527/- alonwith pendente lite and future
interest @ 18% per annum with following anomalies :-
1. Court Fee of Rs. 7860/- is not got brought from the Facilitation
Center.
2. Statement of Truth has blank space.
3. Plaint is purportedly filed by proprietorship concerned which is just
name and style and as such same is not permissible.
4. Plaint is filed by one Sh. Mahendra Goyal, calamining himself as
AR, which is not permissible for a proprietorship firm.
5. Vakakatnama does not carry any address, phone number and email
address.
6. Vakalatnama does not carry any court fee.
7. Affidavit under Order 11 Rule 6 CPC is not filed.
8. List of documents is not as per Order 11 Rule 2 CPC.
9. All the documents filed are photocopy.
10. Goods are shown to have been delivered by Motorized vehicle but
no e-way Bill has been filed.
11. No proper check list filed by plaintiff, which is mandatory as it
clearly displays the number of reliefs sought, valuation of the suit
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for the purpose of each relief and Court fee to pay for each individual
relief.
Plaintiff is directed to clear all the above mentioned
anomalies within one week from today.
Put up for further proceedings on 10.02.2024.
Date is given at the convenience of Ld. Counsel for plaintiff.
(SURINDER S. RATHI)
District Judge
Commercial Court-03
Shahdara District, KKD
Delhi/27.01.2024
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