Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: 6 CS (COMM) 361/24
Godara Plastics Vs. Paramjeet Kaur
22.08.2024.
Present : Sh. Mayur Srivastava, Advocate for the plaintiff
through video-conferencing.
Lawyers are reported to be on strike today.
The Ld. Counsel for the plaintiff has moved an
application u/o VI Rule 17 CPC, along with an amended plaint,
statement of truth, list of documents and a certificate u/s 65B of the
Indian Evidence Act.
The Ld. Counsel for the plaintiff has also moved a
separate application u/o VII Rule 14 r/w Section 151 CPC, for filing
the additional documents, along with a USB Drive, containing the
alleged recorded conversion of the plaintiff with the defendants, with a
separate certificate u/s 65B of the Indian Evidence Act.
The Ld. Counsel for the plaintiff has also filed the written
submissions, along with a copy of the Judgment and Transcripts of
Chats between the parties on whats-app messenger on the issue of
limitation in filing the present suit.
From the contents of the plaint, it is clear that the plaintiff
has filed the present suit against the LRs of the deceased Sardar
Hardev Singh, proprietor of M/s H.P. Industries, who was having
business dealings with the plaintiff. Sardar Hardev Singh is reported to
have already expired somewhere in the year 2018. The date of death
of Sardar Hardev Singh is not mentioned in the plaint.
CS (COMM) 361/24 page 1 of 2 DJ (Comm.)-01/Shahdara/KKD/Delhi
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During his submissions, the Ld. Counsel for the plaintniff
has reported that the last transaction with Late Sardar Hardev Singh
had taken place on 30.10.2017.
In view of the contents of the plaint and the submissions
of the Ld. Counsel for the plaintiff, the following preliminary issue is
framed as under :
Preliminary Issue
1. Whether the present suit has been instituted, within the
period of Limitation ? OPP.
The Ld. Counsel for the plaintiff has addressed his
arguments on the above preliminary issue.
Adjourned for Orders on the preliminary issue, on the
next date of hearing on 07.09.2024.
Brijesh Kumar Garg,
District Judge,
Commercial Court – 01,
Shahdara District, KKD Courts,
Delhi/22.08.2024/rs
CS (COMM) 361/24 page 2 of 2 DJ (Comm.)-01/Shahdara/KKD/Delhi
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