Full Text
CS(OS) 3183/2011
GENERAL TRADING CORPORATION & ANR ..... Plaintiffs
Through: None
Through: None
JUDGMENT
1. The suit has been placed before the Court by the Joint Registrar, who has recorded in the order dated 10.02.2015 that the plaintiffs have not taken steps to effectively prosecute the present suit.
2. A perusal of the order sheets reveals that the defendants have not been served with the summons in the suit and the plaintiffs were granted repeated opportunities to file an application for substituted service on the defendants, but to no avail. Pertinently, the plaintiffs had not appeared before the Joint Registrar on the last date of hearing. Same is the position today.
3. It appears that the plaintiffs are not interested in prosecuting the present suit, which is accordingly dismissed in default and for non-prosecution. HIMA KOHLI, J FEBRUARY 26, 2015 rkb 2015:DHC:1824 $~18. + CS(OS) 1821/2012 NEXUS DESIGN PROJECT PVT LTD..... Plaintiff Through: Mr. Sacchin Puri, Advocate with Mr. Khowaja Siddiqui, Mr. Mayank Wadhwa and Mr. Abhinav Dang, Advocates versus TRAVEL FOOD SERVICES(DELHI TERMINAL 3) PVT LTD & ANR..... Defendants Through: Ms. Sureskha Raman, Advocate with Mr. Anuj Sarma, Advocate for D-1. Mr. S.S. Sastry, Advocate for D-2. CORAM: O R D E R
1. On the last date of hearing, learned counsels for the parties had been asked if they were ready and willing to submit themselves to arbitration.
2. Counsel for the plaintiff was agreeable. However, counsels for the defendants No.1 and 2 had sought time to obtain instructions.
3. Today, learned counsel for the defendant No.2 states on instructions from his client that they are agreeable to arbitration. However, counsel for the defendant No.1 states that as per her CS(OS) 1821/2012 instructions, her clients are not inclined to submit themselves to arbitration for the reason that there is no arbitration clause governing the plaintiff and the defendant No.1.
4. In view of the aforesaid submission, list for arguments in I.A. 19195/2013, an application filed by the plaintiff under Order VI Rule 17 CPC, on 5th August, 2015. rkb CS(OS) 1821/2012 $~13. + CS(OS) 1849/2011 M/S ASHISH SERVICES..... Plaintiff Through: Mr. Manish Kumar, Advocate versus SANJEEV GUPTA..... Defendant Through: Ms. Lakshi Gupta, wife of defendant in person. CORAM: O R D E R I.A. 20487/2014 (by the defendant u/O XVIII R 17 CPC for recalling PW-1 for cross-examination)
1. On the last date of hearing, the defendant had appeared in person and sought an adjournment on the ground that the arguing counsel was not available. Subject to payment of costs of `15,000/to be paid to the plaintiff, the application was adjourned for arguments for today.
2. Today, Ms. Lakshmi Gupta, wife of the defendant appears and states that her husband has met with an accident and has been hospitalised. She states that the counsel engaged by her husband is CS(OS) 1849/2011 not appearing as her husband has not cleared his fee. As for the costs imposed vide order dated 17.10.2014 and 11.12.2014, she is ignorant of the said orders but assures the Court that if granted some reasonable time, compliances shall be made.
3. Further period of four weeks’ is granted to the defendant to deposit the costs of `2,000/- in terms of the order dated 17.10.2014 and pay the costs of `15,000/- to the plaintiff through counsel in terms of the order dated 11.12.2014 against proof of deposit/payment.
4. List on 8th May, 2015. rkb CS(OS) 1849/2011 $~24. + CS(OS) 1657/2014 and CC 14/2015 SANJAY SETHI & ORS..... Plaintiffs Through: Mr. Puneet Singh Bindra, Advocate versus VIJAY SETHI..... Defendant Through: Ms. Anita Sahani, Advocate CORAM: O R D E R
1. Neither side has filed the original documents. As a result, vide order dated 23.02.2015, the learned Joint Registrar had concluded the admission and denial of documents. Counsels for the parties state that they may be granted further time to file their respective original documents.
2. Last opportunity of three weeks’ is granted to the parties to file their original documents in respect of the suit and the counter claim.
3. List before the Joint Registrar for admission and denial of documents on 6th April, 2015.
4. It is made clear that if either of the parties defaults in filing their original documents or does not conduct admission and denial of documents, then the order dated 24.02.2015 passed by the Joint CS(OS) 1657/2014 and CC 14/2015
5. List in Court on 31st August, 2015 for framing of issues.
6. The parties shall exchange their respective issues proposed to be framed one week before the next date of hearing and produce the same in Court.
7. At this stage, counsels for the parties have been asked if they are ready and willing to submit themselves to mediation to resolve their inter se disputes in respect of the partnership firm, M/s Sesons International, wherein the plaintiff No.1 and the defendant were partners.
8. Counsels for the parties state that they may be permitted to obtain instructions in that regard.
8. List in the category of ‘Directions’ for reporting instructions on 26th March, 2015. I.A. 10660/2014 (by the plaintiffs u/O XXXIX R 1 and 2 CPC)
1. A reply to the application has been filed by the defendant. Rejoinder thereto has not been filed. Counsel for the plaintiffs states that he shall file the rejoinder within four weeks with a copy to the other side.
2. List on the date fixed. CS(OS) 1657/2014 and CC 14/2015 $~2 (Appellate) + W.P.(C) 3361/1992
J. KHUSHALANI..... Petitioner
VERSUS
BADARPUR THERMAL POWER STATION & ANR..... Respondents Through: Mr. J.C. Seth, Advocate CORAM: O R D E R At the request of the counsel for the respondents, who states that there has been a bereavement in his family, list on 12th March,
2015. rkb $~ + W.P.(C) 5243/2014 JITENDER YADAV..... Petitioner Through versus UNION OF INDIA & ORS...... Respondent Through CORAM: O R D E R $~ + CS(OS) 673/2007 SH.
RAJENDRA DORIAN PUNJ..... Plaintiff SH. N.P. PUNJ AND ORS. DE+..... Defendant Through CORAM: O R D E R $~ + CS(OS) 1771/2007 JAYANT GUPTA..... Plaintiff LALA DIWAN CHAND TRUST..... Defendant Through CORAM: O R D E R $~ + CS(OS) 1585/2008 YOGENDRA KUMAR MODI..... Plaintiff M.K. MODI & ANOTHER..... Defendant Through CORAM: O R D E R $~ + CS(OS) 91/2011 JAGMOHAN KHATRI & ANR..... Plaintiff SHEELA DEVI & ANR..... Defendant Through CORAM: O R D E R $~ + CS(OS) 1306/2011 VIKRAM BEHL..... Plaintiff SUDHIR BEHL AND ORS..... Defendant Through CORAM: O R D E R $~ + CS(OS) 1450/2011 IHHR HOSPITALITY (ANDHRA)PVT LTD..... Plaintiff SEEMA SWAMI & ORS..... Defendant Through CORAM: O R D E R $~ + CS(OS) 1466/2011 IHHR HOSPITALITY PVT LTD..... Plaintiff SEEMA SWAMI & ORS..... Defendant Through CORAM: O R D E R $~ + CS(OS) 1583/2011 MANJEET SINGH..... Plaintiff RAJESH METHA..... Defendant Through CORAM: O R D E R $~ + CS(OS) 2522/2011 M/S GE CAPITAL SERVICES INDIA..... Plaintiff MAANU CT SCAN & ORS..... Defendant Through CORAM: O R D E R $~ + CS(OS) 2772/2011 USHA SHARMA & ANR..... Plaintiff RAVI KIRAN & ORS..... Defendant Through CORAM: O R D E R $~ + CS(OS) 2302/2012 SACHIN VIJ..... Plaintiff OM VIJ & OTHERS..... Defendant Through CORAM: O R D E R $~ + CS(OS) 2829/2012 SANTOSH DEVI..... Plaintiff TEJ PRATAP SINGH & ORS..... Defendant Through CORAM: O R D E R $~ + CS(OS) 3171/2012 MANISH GUPTA..... Plaintiff SHANTI SWARUP UPADHYAY & ANR..... Defendant Through CORAM: O R D E R $~ + CS(OS) 1285/2013 ROSHANARA CLUB LTD..... Plaintiff SHRI RAM LAL & OTHERS..... Defendant Through CORAM: O R D E R $~ + CS(OS) 1875/2014 RAM KANWAR..... Plaintiff RAJ SINGH..... Defendant Through CORAM: O R D E R $~ + CS(OS) 2068/2014 KIDAR NATH GOYAL..... Plaintiff RAM AVTAR GUPTA..... Defendant Through CORAM: O R D E R $~ + CS(OS) 2239/2014 SUNITA..... Plaintiff SUDESH & ORS..... Defendant Through CORAM: O R D E R $~ + CS(OS) 2640/2014 FERRERO SPA & ORS..... Plaintiff SUNNY CHOWRANI & ANR..... Defendant Through CORAM: O R D E R $~ + CS(OS) 3141/2014 4LIFE TRADEMARKS LLC & ANR..... Plaintiff AANCHAL JAIN & ORS..... Defendant Through CORAM: O R D E R $~ + CS(OS) 3504/2014 M/S SKYLINK CONSTRUCTION PVT LTD..... Plaintiff DEGAMBER SEN SAWHNY..... Defendant Through CORAM: O R D E R $~ + CS(OS) 3998/2014 BIMLA & ORS..... Plaintiff BRAHAM PRAKASH..... Defendant Through CORAM: O R D E R $~ + CS(OS) 4037/2014 M/S INDEPENDENT NEWS SERVICES PVT LTD(INDIA TV)..... Plaintiff CRAZI MOBAPPS AND ORS..... Defendant Through CORAM: O R D E R $~ + EX.P. 314/2014 RAKESH KUMAR..... Decree Holder BIMLA DEVI & ORS..... Judgement Debtor Through CORAM: O R D E R $~ + CS(OS) 590/2006 SAUBHAGYA BHARGAVA..... Plaintiff MUKUL P.BHARAGAVA AND ORS. AC+ Through CORAM: O R D E R $~ + CS(OS) 597/2008 MR.
INDERJEET SINGH KHOKHAR..... Plaintiff SHRI JASPAL SINGH KHOKHAR & ORS..... Defendant Through CORAM: O R D E R $~ + CS(OS) 1451/2008 INDERPAL SINGH KHOKHAR..... Plaintiff INDERJEET SINGH KHOKHAR..... Defendant Through CORAM: O R D E R $~ + CS(OS) 2301/2009 BATA INDIA LIMITED..... Plaintiff RELAXO FOOTWEAR LIMITED..... Defendant Through CORAM: O R D E R $~ + CS(OS) 407/2010 INDERJIT SINGH KHOKHAR..... Plaintiff JASPAL SINGH KHOKHAR AND ANOTHER..... Defendant Through CORAM: O R D E R $~ + CS(OS) 590/2011 PRATEEK SINGH RATHORE..... Plaintiff EASTERN MEDIKIT PVT LTD AND ORS..... Defendant Through CORAM: O R D E R $~ + CS(OS) 138/2014 HINDUSTAN UNILEVER LIMITED..... Plaintiff HARPREET KAUR KOCHAR & ORS..... Defendant Through CORAM: O R D E R $~ + CS(OS) 782/2014 PFIZER PRODUCT INC & ANR..... Plaintiff A.B GUPTA & ORS..... Defendant Through CORAM: O R D E R $~ + CS(OS) 3259/2014 M/S HARBIR AGROTECH & ANR..... Plaintiff VISHAL SINGH & ANR..... Defendant Through CORAM: O R D E R $~ + CS(OS) 2074/2006 M/S PUNJ SONS(P) LTD. & ANR..... Plaintiff SHRI RAJINDER DORIAN PUNJ DE+ Through CORAM: O R D E R $~ + CS(OS) 2507/2009 PRAVEEN KUMAR & ANR...... Plaintiff RAKSHI AGGARWAL & ORS. E+ Through CORAM: O R D E R $~ + CS(OS) 835/2010 SARJO DEVI..... Plaintiff DHARAM PAL & ORS..... Defendant Through CORAM: O R D E R $~ + CS(OS) 1237/2011 RAVI BISHNOI..... Plaintiff M/S FOX MANDAL & CO AND OTHERS..... Defendant Through CORAM: O R D E R $~ + CS(OS) 1940/2011 KAMLESH..... Plaintiff DILBAGH SINGH AND OTHERS..... Defendant Through CORAM: O R D E R $~ + CS(OS) 2094/2011 SAROJ KUMAR JHA..... Plaintiff FOX MANDAL AND CO. AND ORS..... Defendant Through CORAM: O R D E R $~ + CS(OS) 518/2015 NATIONAL BOARD OF EXAMINATIONS..... Plaintiff KALAM BOOKS AND OTHERS..... Defendant Through CORAM: O R D E R $~ + CS(OS) 522/2015 SHRI ASHOK DHAWAN..... Plaintiff SHRI RAJENDER KU MAR DHUPER..... Defendant Through CORAM: O R D E R $~ + CS(OS) 2573/2011 MUKESH SONDHI..... Plaintiff RITA DEVI ALAM..... Defendant Through CORAM: O R D E R $~ + CS(OS) 404/2015 KUL BHUSHAN AHUJA..... Plaintiff LAKSHAY SACHDEVA & OTHERS..... Defendant Through CORAM: O R D E R $~ + CS(OS) 430/2015 SANSKRITI VILLAS PVT. LTD..... Plaintiff KASHMIRO DEVI..... Defendant Through CORAM: O R D E R
51. None. I.A. No. As none is present for the applicant, in the interest of justice, list on 8th April, 2015.