Order 14

Order Details: COPY OF ORDER
Pdf Text: CS (COMM) 260/24
SHREE KAMAKHYA ROADLINES PVT LTD
VS.
RETAIL SPACE FITOUTS AND INFRA LLP
24.07.2025
Present: Sh. R.K. Sharma and Ms. Reeta Yadav, Ld. Counsels for
plaintiff.
Sh. Navjot Kwatra, Ld. Counsel for defendant.
It is stated on behalf of plaintiff that they do not wish to file any reply
to the application under Order VIII Rule 1 CPC and would straightaway advance
arguments on the application.
Arguments on the application heard.
It is stated in the application that the defendant no.4 was served on
25.02.2025 and thereafter, the defendants have approached to the accountant for
verification of his bills. Accountant took some time to verify the bills from GST
Department and to give his opinion from the record and therefore, the delay
happened in preparation and finalization of the WS. Prayer has made seeking
condonation of delay of 50 days in filing the WS.
Perusal of the file reveals that defendant no.4 was served on
25.02.2025 and the other defendants though, were not served, but on the next date of
hearing, counsel had appeared and had stated that he would be appearing for all the
defendants and therefore, all the remaining defendants are also deemed served on
25.02.2025 itself. The WS has been e-filed on 13.05.2025 and has been physically
filed also on 13.05.2025. Along with this WS, the affidavit of admission/denial of
only defendant no.4 was filed. The statement of truth and the affidavit of
-- 1 of 3 --
admission/denial of all the remaining defendants however, has only been e-filed as
well as physically filed also on 30.05.2025. Counting the period from 25.02.2025,
30 days stipulated period for filing WS expired on 26.03.2025 (February having 28
days). Therefore, till 13.05.2025, the delay was of only about 47 days and not 50
days as stated in the application. However, counting the period up to 30.05.2025, the
delay would be of around 65 days.
In view of the reasons stated in the application as well as in view of
the same have been filed within the outer-limit of 120 days, delay in filing the
WS/affidavit of admission/denial is condoned subject to cost of Rs.5,000/- payable
to the plaintiff. Cost be paid and receipt be filed on record. Application stands
disposed off accordingly.
Replication to the WS of defendant has not been filed by the plaintiff.
Heard. Perused.
The defendant in his affidavit of admission/denial of documents has
admitted the following documents of the plaintiff i.e.,
1. Copy of different bills i.e. Voucher Number are SKRL/790; SKRL/791;
SKRL/792; SKRL/854; SKRL/855; SKRL/857; SKRL/869; SKRL/870; SKRL/871;
SKRL/908; SKRL/909; SKRL/910; SKRL/912; SKRL/0036; SKRL/0046;
SKRL/0047; SKRL/0053; SKRL/0054; SKRL/0083; SKRL/0089 and SKRL/00113
is Ex.P1.
On the other hand, ld. counsel for plaintiff has submitted that as the
defendant has not filed any documents along with the WS, thus, no admission and
denial of documents is required on behalf of plaintiff.
On the basis of pleadings of parties, following issues are framed for
consideration:
1. Whether the present court has territorial jurisdiction to try and decide the present
suit ? OPP
-- 2 of 3 --
2.Whether the plaintiff is entitled for money decree? If so, to what amount? OPP.
3. Whether the plaintiff is entitled to any interest? If so, at what rate and for which
period? OPP.
4. Relief.
No other issue arises out of the pleadings or pressed.
Put up for PE on 22.08.2025, for DE on 03.09.2025 and for final
arguments on 16.09.2025.
List of witness and evidence by way of affidavit be filed by both the
parties within two weeks after exchanging the copies thereof.
(Kiran Bansal)
District Judge, Commercial Court-02,
Shahdara District, Karkardooma Courts,
Delhi / 24.07.2025
At 12.36 pm
At this stage, Ms. Reeta Yadav, Ld. Counsel for plaintiff appeared and
submits that she wishes to file replication.
Let the same be filed within 15 days thereafter.
The opposite counsel has already left the court.
Put up on date already fixed.
(Kiran Bansal)
District Judge, Commercial Court-02,
Shahdara District, Karkardooma Courts,
Delhi / 24.07.2025
-- 3 of 3 --