Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM)100/24
M/s rysa infratech pvt. ltd. Vs. The Chief Engineer Pune Zone And Anr
06.06.2024
Present: Sh. Chaman Sharma, Sh. R.K. Sharma, Ms. Bharti Sharma and
Sh. Gaurav Rana, Ld. Counsel for the plaintiff along with
Sh. Yogesh Tomar, Director of the plaintiff.
Ms. Ruby, Ld. Counsel for the defendant no.1 (through VC)
along with Sh. Ayush Tiwari, Garrison Engineer (South) for
defendant no.1 (through VC).
Sh. Arjun D Singh (through VC) and Sh. Maitreya Mahaly, Ld.
Counsel for the defendant no.2 along with Sh. R.K. Aggarwal,
AR of the defendant no.2.
The matter is fixed for framing of issues. Today, the counsel for the
defendant no.1 and defendant no.2 have joined through VC and official of the
defendant no.1 namely Sh. Ayush Tiwari, Garrison Engineer (South) has also joined
the proceedings through VC and during the talk with this Garrison Engineer, he has
told to the Court that an amount of about Rs.26 lacs is withheld by the defendant
no.1, in view of non clearance of bill of defendant no.2 and submitted that
remaining amount has already been paid by the defendant no.1 to the defendant
no.2. Today, Sh. Maitreya Mahaly, Ld. Counsel for the defendant no.2 has filed an
application under Order 7 Rule 10 and Rule 11 read with Section 151 of CPC and
proposed issues. Copies thereof have been supplied to the Ld. Counsel for the
plaintiff. It is already lunch time. Accordingly, matter stands passed over till 2.00
p.m.
(Pawan Kumar Matto)
District Judge, Commercial Court-04
Shahdara, Karkardooma
Delhi/06.06.2024
At 2.11 p.m.
Present: Sh. Chaman Sharma, Sh. R.K. Sharma, Ms. Bharti Sharma and
Sh. Gaurav Rana, Ld. Counsel for the plaintiff along with
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Sh. Yogesh Tomar, Director of the plaintiff.
Ms. Ruby, Ld. Counsel for the defendant no.1 (through VC)
along with Sh. Ayush Tiwari, Garrison Engineer (South) for
defendant no.1 (through VC).
Sh. Arjun D Singh (through VC) and Sh. Maitreya Mahaly, Ld.
Counsel for the defendant no.2 along with Sh. R.K. Aggarwal,
AR of the defendant no.2.
Matter was passed over till 02.00 p.m. for framing of issues.
This Court has perused the proposed issues filed by the defendant no.2.
Since the pleadings of the parties have been completed, following
issues have arisen and are being framed:-
1. Whether the plaintiff is entitled to recover an amount of
Rs.73,81,953/- from the defendants ? OPP
2. Whether the plaintiff is also entitled to recover any interest
from the defendants, if so, at what rate? OPP
3. Whether there was any privity of contract between the
plaintiff and the defendant no.1? OPP
4. Whether the defendant no.2 failed to pay the suit amount to
the plaintiff, in view of non payment of the said amount by the
defendant no.1? OPD2
5. Relief.
In the considered opinion of this Court, no other issue arises from the
pleadings of the parties. All the parties are directed to file list of witness within 15
working days from today. The matter stands adjourned for evidence of the plaintiff.
The plaintiff is directed to file the affidavits of all the witnesses in the Court one
week prior to the next date of hearing and to supply advance copies thereof to the
defendants or their counsels in similar fashion.
To come up on 17.08.2024.
Since in the pre-lunch session, the counsel for the defendant no.2 had
also filed an application under Order 7 Rule 10 and Rule 11 read with Section 151
of CPC, so the defendant no.2 is directed to supply the copy thereof to the
defendant no.1 or its counsel also within two days. The defendant no.1 and plaintiff
are directed to file replies to the said application in the Court at least two days prior
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to the next date of hearing in the Court and to supply advance copies thereof to the
defendant no.2 or its counsel in similar fashion.
To come up for replies and arguments on the above said application,
on 23.07.2024.
(Pawan Kumar Matto)
District Judge, Commercial Court-04
Shahdara, Karkardooma
Delhi/06.06.2024
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