Interim Order 8

Order Details: COPY OF ORDER
Pdf Text: 11CS (COMM)100/24
M/S RYSA INFRATECH PVT. LTD. VS. THE CHIEF ENGINEER PUNE
ZONE ANDANR
23.07.2024
Present: Sh. D.P. Rana along with Ms. Bharti, and Harendra Kumar, Sh.
Gaurav Rana Ld. Proxy Counsels for the plaintiff.
Ms. Ruby along with Sh. Subhash Kumar Anand, Ld. Counsel
for the defendant no. 1.
Sh. Arjun D. Singh, Sh. Yimyanger LongKumer, Ld. Counsels
for the defendant no. 2 along with Sh. R.K. Aggarwal
(AR of the defendant no. 2).
The matter is fixed for filing the reply/arguments on the
application under order 7 Rule 10 and 11 of CPC, filed by the defendant no.
2 on dated 01.07.2024, the counsel for the plaintiff had filed their reply to
the said application. Copy thereof has already been sent to the counsel for
the defendant no. 2.
Today, the Ld. Counsel for the defendant no. 2 has given the
statement for seeking permission to withdraw the said application as due to
some inadvertence, Rule 10 of Order 7 was also mentioned therein. He has
also submitted that he has already filed an application under Order 7 Rule
11 of CPC through online mode and he is filing the hard-copies of the
application and some annexures which are already there on the record.
In view of the statement of the Ld. Couonsel for the defendant
no. 2 recorded in the court, the application filed by the defndant no. 2 under
order 7 Rule 10 & 11 of CPC is dismissed as withdrawn.
Ld. Counsel for the defendant no. 2 has also filed hard copies
of the application under Order 7 rule 11 of CPC along with annexures
running into 15 pages. Copies thereof have been supplied to Ld. proxy
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Counsels for the plaintiff, who seek adjournment to file reply to the said
application. Ld. Counsel for the defendant no. 1 has submitted that
defendant no. 1 had also filed an application under Order 7 Rule 10 & 11 of
CPC R/w Section 1 Rule 10 (2) r/w Section 151 of CPC. But, reply to the
said application has not been filed by the plaintiff.
Ld. Proxy counsels for the plaintiff seek adjournment to file
reply to the said application.
Accordingly, matter stands adjourned for filing replies to the
said applications of the defendants and also for hearing arguments thereon.
Plaintiff is directed to file replies to the said applications at
least 02 prior to the next date of hearing in the court and to supply advance
copies thereof to the defendants or their counsels.
To come up on 21.08.2024.
(Pawan Kumar Matto)
District Judge, Commercial Court-04
Shahdara, Karkardooma Courts
Delhi/23.07.2024
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