Interim Order 22

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 12 CS (COMM) 100/24
M/s Rysa infratech pvt. ltd. Vs. The Chief Engineer Pune Zone And Anr
12.03.2026
Present: Sh. Chaman Sharma, Ld. counsel for plaintiff.
Ms. Ruby, Ld. Counsel for the defendant no. 1 through VC.
Sh. Maitreya Mahaley, Ld. Counsel for the defendant no. 2.
Sh. Arjun D. Singh, Ld. Counsel for the defendant no. 2 through
VC.
The matter is fixed for filing replies and arguments on the
applications filed by the defendants, vide which, the defendants have sought to
file additional documents. Today, Ld. counsel for plaintiff that he does not
want to file any reply to the said applications. He will straightway argue on the
said applications. Let the arguments be on the said applications be heard one by
one.
Ms. Ruby, Ld. Counsel for the defendant no.1 has submitted that
the defendant no. 1 had already made the payment of rupees Three Hundred
Eight Crore and Fifty Lakhs to the defendant no. 2 and the defendnat no. 2 has
withheld the payment of the plaintiff and submitted that at the time of filing of
the written statement the said records regarding such payments by the
defendant no. 1 to the defendant no. 2 could not be filed inadvertently and
submitted that defendant no. 1 may be allowed to file the said documents and
prayed for allowing this application filed by the defendant no. 1 under order 8
Rule 1A (3) r/w Section 151 of CPC.
Sh. Chaman Sharma, Ld. counsel for plaintiff has submitted that
both the defendants are adopting delaying tactics and in view of the same, the
case of the plaintiff is being delayed, but, in the end he has submitted that the
he has no objection, if this application filed by the defendant no. 1 vide which
the defendant has sought to file the above said documents regarding the
payments by the defendant no. 1 to the defendant no. 2 are taken on the record.
Sh. Arjun D. Singh, Ld. Counsel for the defendant no. 2 has
submitted that the defendant no. 1 has failed to supply the copies of page no. 22
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to 35 and it is also mentioned in the order dated 14.11.2025 passed by this court
and submitted that he has not received the legible copies of these documents
and seeks adjournment.
Ms. Ruby, Ld. Counsel for the defendant no. 1 has submitted that
the defendant no. 1 has not filed page no. 22 to 35 even in the court and
submitted that she has already supplied the copies of all these documents to the
Ld. Counsel for the defendant no. 2.
Since the Ld. counsel for plaintiff has submitted the defendant no.
1 and 2 are adopting delaying tactics and since the Ld. counsel for plaintiff has
submitted, he has no objection, if this application filed by the defendant no. 1 is
allowed. It appers to the court the Ld. Counsel for the defendant no. 2 wants to
delay the proceedings of the present matter unnecessarily. So, this application
filed by the defendant no. 1 under order 8 rule 1 A(3) r/w Section 151 of CPC
stands allowed and photocopies of the documents filed alongwith this
application by the defendant no. 1 are taken on the record.
Matter is also fixed for consideration on the application filed by
the defendant no. 2, vide which, the defendant no. 2 has also sought to place on
record the additional documents by the Ld. Counsel for the defendant no. 2,
who has appeared through VC, seeks passing over the matter for post-lunch
session. But, as the board of this court is heavy, so, no ground is made out to
pass over the matter. At this stage, the Ld. Counsel for the defendant no. 2
seeks adjourment. At the request of Ld. Counsel for the defendant no. 2, matter
is ordered to be listed for 17.04.2026 for arguments on the application filed
bythe defendant no. 2.
(PAWAN KUMAR MATTO)
DISTRICT JUDGE
(COMMERCIAL COURT)-04,
SHAHDARA, KKD,
Delhi/12.03.2026
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