Interim Order 28

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 1 CS (COMM) 100/24
M/S RYSA INFRATECH PVT. LTD. VS. THE CHIEF ENGINEER PUNE ZONE
AND ANR
17.09.2026
Present: Sh. Chaman Sharma, Sh. Shivam Sharma and Sh. Sachin Mahour, Ld.
counsels for plaintiff .
Sh. Ruby Gautam, Ld. Counsel for the defendant no. 1 through VC.
Sh. Archit Jain, Ld. proxy counsel for the defendant no. 2.
The matter is fixed for payment of the cost of Rs. 5,000/- by the
defendant no. 2 to the plaintiff, imposed vide order dated 05.09.2026, on the
defendant no. 2 at the time of allowing the application under order 11 Rule 1(10) r/w
Section 151of CPC filed by the defendant no. 2.
Today, Ld. proxy Counsel for the defendant no. 2 has paid the cost of Rs. 5,000/- in
cash to Sh. Chaman Sharma, Ld. counsel for plaintiff. The plaintiff and defendant no.
1 were granted opportunity to file the affidavits of admission/denial qua the
additional documents filed by the defendant no. 2, which were allowed by this court
vide last order dated 05.09.2026. Today,Ld. counsel for plaintiff has submitted that
plaintiff does not want to file the affidavit of admission/denial qua the additional
documents of the defendant no. 2, whereas, the Ld. Counsel for the defendant no. 1,
who has appeared through VC, has sought another opportunity to file the affidavit of
admission/denial qua the said additional documents of the defendant no. 2.
The Ld. counsel for plaintiff has vehemently opposed the adjournment
sought by the Ld. Counsel for the defendant no. 1 for filing the affidavit of
admission/denial and submitted that defendant no. 1 and it’s counsel are adopting
delaying tactics to delay the proceedings of the present matter.
Since, the defendant no. 1 was having sufficient time and oppotunity to
file the affidavit of admission/denial, but, defendant no.1 has failed to file the same.
So, no ground is made out to grant any other oppotunity to the defendant no. 1 to file
affidavit of admission/denial. So, the opportunity of the defendant no. 1 to file the
affidavit of admission/denial qua the said additional documents of the defendant no. 2
stands closed. Accordingly, matter stands adjourned for evidence of the defendants.
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Defendants are directed to file affidavits of their all the witnesses in the court at least
one week prior to the next date of hearing and to supply the advance copies thereof to
the plaintiff or it’s counsel in similar fashion. To come up on 16.12.2026.
(PAWAN KUMAR MATTO)
DISTRICT JUDGE
(COMMERCIAL COURT)-04,
SHAHDARA, KKD,
Delhi/17.09.2026
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