Interim Order 6

Order Details: COPY OF ORDER
Pdf Text: 2 CS (COMM) 295/24
Jammu And Kashmir Bank
Vs.
Amit Negi
25.10.2024
Present: Sh. Shiven Mishra, Ld. Counsel for plaintiff through VC had
appeared in the morning. Thereafter he has appeared again
through VC, but as he was not sitting at a quiet place and was
rather in a car, driving and therefore, his attendance at the
second instance has not been taken on record.
Sh. Amit Kumar, Ld. Counsel for defendant No.1 and 2 along
with defendant No.1 and 2 physically in Court.
Sh. Yashpal Singh, Ld. Counsel for defendant No.3 physically in
Court.
WS has been filed on behalf of defendant nos. 1 and 2 and it is
stated that the copy has been sent to the counsel for plaintiff through
whatsApp today only. The WS filed by the defendant has been e-filed also
today only and is not signed on each and every page. With the permission of
the Court, the defendants have signed the same on each and every page. In
the statement of truth in Para-6 has blank spaces. As the same is already e-
filed, defendant cannot be permitted to fill in the blanks now. Defendant nos.
1 and 2 have filed WS after the stipulated period of 30 days but have not filed
any application under Order VIII Rule 1 CPC seeking condonation of delay
in filing the WS. The defendant Nos. 1 and 2 have also not filed any affidavit
of admission/denial of the documents of the plaintiff as per the Commercial
Courts Act. Counsel for defendant nos. 1 and 2 seeks time to do the needful.
WS also filed on behalf of defendant no.3 physically today but is
stated to have e-filed/uploaded on 07.09.2024 and has been consumed today.
The WS filed by the defendant no.3 is not signed on each and every page.
The statement of truth filed by the defendant no.3 is not as per Appendix-I
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Order VI Rule 15A and Order XI Rule 3 CPC. The affidavit of
admission/denial of documents filed on behalf of defendant no.3 is also not
as per the correct format. Counsel for defendant no.3 also seeks time to do
the needful.
Put up for further proceeding on 30.11.2024.
(Kiran Bansal)
District Judge, Commercial Court-02,
Shahdara District, Karkardooma Courts,
Delhi / 25.10.2024.
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