cs no.107/16 aero club vs magnum interiors pvt ltd & ors...

CS No.107/16

Aero Club VS Magnum Interiors Pvt Ltd & Ors

12.04.2016.

Present: Ld. Proxy Counsel Sh. Vijay Kumar for plaintiff.

Summon received back with the report no such person.

Issue fresh summons to the defendants at the fresh

address on filing of PF/RC/AD/e-mail and authorized courier to be

filed within a week.

Put up on 19.07.2016 for purpose fixed.

(Surinder S. Rathi)

ADJ-03/PHC/NEW DELHI. 12.04.2016.

CS No.452/15 & 453/15

Edelweiss Housing Finance Ltd VS Ramneer Kumar & Ors

12.04.2016.

Present: Ld. Counsel Sh. Sandeep Phogat along with AR

Sh. Devender Chauhan for plaintiff.

Ld. Counsel Sh. Kirat Singh for defendants.

Appearance filed by defendant.

Ld counsel for plaintiff seeks time to move summons for

judgment.


(Surinder S. Rathi)


CS No.299/16

Sanjay Kumar Sharma & Anr Vs C.S Gajalakshmi & Ors

12.04.2016.

Present: Ld. Counsel Sh. Ankur Jain for plaintiff.

Ld. Counsel Sh. V. Senthil Kumar for defendant.

Ld. Counsel for defendant filed Vakalatnama for

defendant no.1 and filed memo. Complete set of plaint with annexure

to him.

Defendants are given four weeks time to file WS.

Put up for replication, if any, admission/denial of

documents and framing of issues on 25.05.2016.

(Surinder S. Rathi)


CS No.390/15

Chander Bhan Yogesh Kumar VS Gammon India Ltd

12.04.2016.

Present: Ld. Proxy Counsel Sh. Virender Singh for defendant.

None for plaintiff.

Defendant was served on 28.03.2016. Neither WS filed

nor any application seeking extension of time. Defence of the

defendant is hereby struck off. Plaintiff lead evidence as per plaint.

Put up for PE on 28.07.2017.

At request of ld proxy counsel for change of date, put up

on 29.07.2016.

(Surinder S. Rathi)


CS No.84/16

Housing Development Finance VS Vishal Sharma & anr

12.04.2016.

Present: Ld. Counsel Sh. Ajay Saroya Arora for plaintiff.

Ld. Counsel Sh. Manu for defendant no.1.

Ld counsel for plaintiff seeks adjournment in so far as he

is agreed with the direction of this Court to produce AGM and has

approached to Hon'ble High Court of Delhi for setting aside the last

order.


(Surinder S. Rathi)


TM No.09/15

L&T Ltd VS Bindra Electric Co. & Ors

12.04.2016.

Present: Ld. Counsel Ms. Pratibha for plaintiff along with

AR Ms. Gauri Srivastava.

Ld. Proxy Counsel Sh. Ramesh Chandra for defendant

no.1.

Ld. Counsel Ms. Charu Rustagi for defendant no.2.

Cost undertaking to be paid on the next date of hearing.

AR is substitute.

Parties to be appeared before Ld. L.C on 18.04.2016 at

3.00 pm.

Put up for final arguments on 04.08.2016.

(Surinder S. Rathi)


CS No.251/15

Punjab and Sind Bank VS Dhirender Jha & Ors

12.04.2016.

Present: Ld. Counsel Sh. Sumeet Batra for plaintiff.

Previous cost paid.

PF not filed yet again for the reason that plaintiff is

desirous to clubbing this suit with another suit between the same

parties before DRT no. I.

In case the clubbing does not happen within three weeks

the previous order shall be complied with.


(Surinder S. Rathi)


TM No.154/16

DKH Retail Ltd VS Ashok Kumar

12.04.2016.

Present: Ld. Counsel Sh. A.K Sahu for plaintiff.

Ld. Counsel Sh. Apoorv Gupta for defendant no.1.

WS filed. Delay is condoned.

Put up for replication, if any, admission/denial of

documents and framing of issues on 20.05.2016.

(Surinder S. Rathi)


Arb No. 1842/14

Uniworld Telecom Ltd & Anr VS Kotak Mahindra Prime Ltd &

Anr

12.04.2016.

Present: Ld. Counsel Ms. Naina for plaintiff.

Sh. Adad, Legal Officer for defendant Company.

PF late filed.

Issue afresh notice to the respondent on old PF.


(Surinder S. Rathi)


HTA No.04/15

Bombay Samachar Pvt Ltd VS NDMC

12.04.2016.

Present: Ld. Counsel Sh. Himanshu for appellant.

Ld. Counsel Sh. Sanjay Sharma for NDMC.

It is submitted that the arrears of property tax are yet to be

paid in terms of Section 116 of NDMC Act. Time sought by plaintiff.

Put up for arguments on 19.07.2016.

(Surinder S. Rathi)


HTA No.01/15

Bombay Samachar Pvt Ltd VS NDMC

12.04.2016.

Present: Ld. Counsel Sh. Himanshu for appellant.

Ld. Counsel Sh. Sanjay Sharma for NDMC.

It is submitted that the arrears of property tax has been

paid in terms of Section 116 of NDMC Act. Time sought by plaintiff.

Now to come up with the connected appeal on

19.07.2016.

(Surinder S. Rathi)


RCA No.02/16

Surender Kumar Arora VS Santosh Kumar Arora

12.04.2016.

Present: Ld. Counsel Sh. Harsh Ahuja for appellant.

Ld. Counsel Sh. Sumit Jidani for respondent.

At joint request, matter is referred to DCLA for

22.04.2016 at 4.00 pm.

To come up before this Court on 28.05.2016.

(Surinder S. Rathi)


CS No.38/16

Deven Khullar VS Rahul Kumar Tiwari

12.04.2016.

Present: Ld. Counsel Sh. Ajay Chaudhar for petitioner.

Petitioner in person.

Ld. Counsel Sh. S.M Hashmi for defendant.

Defendant in person.

As per the report of Assistant Ahlmad, file is not traceable

today and requested some more time to trace the same.


(Surinder S. Rathi)


CS No.156/14

Ravinder Krishan Chand VS Nirmal Bhagwan Hira

12.04.2016.

Present: Ld. Counsel Sh. Rajiv Ranjan for plaintiff.

Ld. Proxy Counsel Ms. Priyanka Ghosh for defendant.

Settlement talks are going on in the Mediation Center.


(Surinder S. Rathi)


CS No.357/16

Yatendra Nath Gupta VS Raj Kumar Rajpal

12.04.2016.

Fresh suit received by way of assignment. It be

checked and registered as per rules.

Present: Shri Bharat Deepak, Ld. Counsel for the plaintiff.

Part I- Issue summons of the suit on filing of PF within Three (3)

to seven (7) days as per (O.5 r.9 CPC) through:

1. Process Server.

2. Registered post.

3. Speed Post.

4. Authorised courier.

5. Email.

Scan of the summons issued by the Court, soft copy of

plaint and the annexures be sent to the available email IDs of the

defendant/s.

Part II- Incharge Nazarat Branch is hereby directed to ensure that

the processes issued shall be executed and served preferably within

one week (7 days) but not later than 15 days.

Part III- In case the defendant refuses to accept the service or is

not found available despite Three (3) mandatory visits, Process Server

shall affix the summons at a conspicuous place of the defendant's

address and leave the copy of plaint and annexures there as per O.5

r.17 CPC alongwith affidavit of service.

Contd...2/-

-2-

In case the defendant is reported to have left without

address, then fresh process be issued at the fresh address if any

available with the plaintiff on new PF. In case no other address is

available, then defendant be served by way of affixation at the last

available address on new PF to be filed within 7 days of inspection of

the file. Incharge Nazarat Branch shall ensure that the

served/unserved/affixation report shall reach the Court within outer

limit of 15 days as per O.5 r.18 CPC.

Part IV- Ld. Counsel for plaintiff shall inspect the Judicial File on

the 15th day of the filing of PF. He shall fill the Service Report Form

(SRF) available on the file. The Tracking Report of registered post,

speed post, courier and email service proof be also filed at the time of

inspection of record. Ahlmad of the Court shall also fill this SRF qua

service position.

Part V- In case no service is effected upon the defendant for any

reason and ld. Counsel for plaintiff deems fit that service needs to be

effected by substituted means he shall move an application within one

week of receipt of unserved process.

Part VI- In case of due service of summons of the suit, defendant

shall file Written Statement within 30 days of receipt thereof. In case

defendant finds that the paper book of the plaint received by him is

incomplete or illegible, he/she shall move an interim application

before Court within 7 days instead of waiting for the next date. No

such plea shall be entertained thereafter. Advance copy of Written

Contd...3/-

-3-

Statement shall be sent to the plaintiff by registered post/courier and

email, if any.

In case no Written Statement is filed by the defendant

within 30 days and no extension of time is sought, then the Court may

pronounce judgment under O.8 r.10 CPC.

Part VII- Plaintiff may file replication, if any, within 15 days of

receipt of Written Statement. Plaintiff shall serve the copy of the

replication upon the defendant through registered post/courier and

email, if any.

Part VIII- Both the parties are advised to file only self attested

copy or print outs of documents relied and shall retain the original

documents with them in their respective custody. Original documents

shall be produced only at the stage of framing of issues, at the time of

evidence and final arguments.

Part IX- Both the sides are directed to file a separate

affidavit qua Admission/Denial of each or every document filed

alongwith the pleadings in the annexed format, before the date of

framing of issues. It is clarified that the admission/denial shall be

done on the basis of self attested copies and the same shall be subject

to production of original at the time of framing of issues.

Part X- In case either of the parties is desirous of moving an

interim application, they shall do so in between the date of hearings by

serving advance copy to the other side by registered post/courier and

email, if any. Such application shall be heard and disposed within one

week of receipt of such application once both parties appear.

Contd...4/-

-4-

Upon completion of pleadings, parties would be given an

option to got for ADR (Viz. Arbitration, Mediation and Lok Adalat).

In case no settlement is arrived at then the case would be sent for

recording of evidence by Local Commissioner empaneled with

DSLSA/DLSA in terms of Order 18 Rule 5 CPC, Rameshwari Devi

Case and Salem Bar Association Case of Hon'ble Supreme Court.

Evidence will be completed in one month period and case shall be

taken up for final arguments within 15 days of completion of

evidence.

Copy of this order be sent to defendant alongwith

summons of the suit. Copy of this order be also sent to plaintiff as

well as ld. Counsel for plaintiff apart from defendant at their following

email IDs:

Plaintiff's email ID: Nil

Ld. counsel for Plaintiff's email ID:

[email protected]

Defendant's email ID: Nil

Now to come up for service, completion of pleadings and

disposal of miscellaneous application, if any and framing of issues on

13.05.2016.

(Surinder S. Rathi)


RCA No.51/15

Surinder Singh Tanwar VS Parminder Singh

12.04.2016.

File has been taken up today on LR's application u/O

22 rule 3 CPC with Section 151 CPC.

Present: Ld. Counsel Sh. Mahinder Singh for appellant.

Issue notice of this application to the opposite party.

Put up on date already fixed i.e 05.07.2016 for purpose

fixed.

(Surinder S. Rathi)


Ex No.29/16

Vipal nanda VS Ankur Services

12.04.2016.

Fresh execution petition received by way of

assignment. It be checked and registered.

Present: Ld. Counsel Sh. Jagdish Kumar for DH.

Nazir to report on 23.04.2016.

(Surinder S. Rathi)


CS No.421/14

Haiko Logistics India Pvt Vs Ajit Paul

12.04.2016.

File taken up today on receipt of report of Mediation

center.

Present: Ld. Counsel for plaintiff.

Ld. Counsel for defendant.

It is submitted by both the parties that the matter has been

settled in the Mediation Center, Patiala House Courts, New Delhi. The

settlement dated 11.04.2016, the same has been exhibited as Ex.A is

on record.

The present suit is decreed in terms of settlement.

File be consigned to record room.

(Surinder S. Rathi)


TM No.345/16

Lacoste S.A Vs Crazy Toys India & Anr

12.04.2016.

Present: Ld. Counsel Sh. Kapil Kumar Giri for the plaintiff.

Put up for consideration on 26.04.2016.

(Surinder S. Rathi)


CS No. : 111/16M/s Enkay Electrical (P) Ltd. v. M/s Llyod Systems (P) Ltd.

12.04.2016

Present: None for plaintiff.

Be awaited at 12:00 noon.

(Surinder S. Rathi) ADJ03/PHC/NEW DELHI

12.04.2016

At 12:00 noon.


Be awaited at 2:00 p.m.


12.04.2016

At 2:00 p.m.




12.04.2016

Contd...2

2

At 4:30 p.m.

Present: Sh. Manish Gupta, Accountant for plaintiff.

Today the case is fixed for final arguments. Despite that none

appeared since morning and now Sh. Manish Gupta, Account of the plaintiff

appeared and sought adjournment.

The adjournment is allowed subject to cost of Rs.7500/ to be

deposited with Library Fund, New Delhi Bar Assocation.

To come up for 6.5.2016 for final arguments.


12.04.2016

CS No.: 48/16Bhagat Ram & Ors. v. Balbir Singh & Ors.

12.04.2016

Present: None

Sh. Dhananjay, Proxy Counsel for D17 and D18.

Be awaited at 12:00 noon.


12.04.2016

At 12:00 noon

Present: Proxy Counsel for plaintiff.


Ld. Proxy Counsel for plaintiff submits that the main counsel is

out of station and the matter be taken up on some other date.

Ld. Counsel for defendant apprised that nobody has been

appearing on behalf of plaintiff for the last two consecutive dates. Ld. Proxy

Counsel for plaintiff was advised either produce the plaintiff or moved

application for seeking adjournment.



12.04.2016

Contd...2

2

At 4:00 p.m.

Present: None for the plaintiff.


In the interest of justice, the suit is not being dismissed.

To come up on 21.04.2016.


12.04.2016

CS No. : 265/2015Rajeev Khosla v. DHCBA & Ors.

12.04.2016Present: Sh. Kanwal Chaudhary and Sh. Rajiv Khosla, Advocates for

plaintiff.

Sh. Sunil Mittal, Advocate for Defendant No.1 to 3.

Part submissions on the application u/s 151 CPC heard.

File perused.

Copy of the resolution passed by Delhi High Court Bar

Association on 7.4.2016 has been placed on record. Copy supplied. During

the course of hearing, in order to have consensual understanding on the issue

of holding of election in Delhi High Court Bar in terms of Order passed by

Hon'ble Supreme Court 11.12.2013, discussions were had on the names for

the Members of Committee to be appointed to oversee election in terms of

para II of the Order.

In the resolution adapted by High Court Bar, three names have been

suggested for this Committee but plaintiff side has reservations on the same.

However, on the asking of the court, both sides have agreed to explore

the possibility having fresh names of such Member in this Committee which is

agreeable to both of them. It is agreed is that firstly a request shall be made to

Sh. Ashok Bhan, Sr. Advocate; Sh. V. P. Singh, Sr. Advocate; Sh. Ravinder

Singh, Sr. Advocate (name was introduced after Sh. Arvind Kumar was not

available) as their names were suggested in the order dated 11.12.2013 by

Hon'ble Supreme Court. In alternate, it is agreed if either or all of the above

Contd...2

2

learned Senior Advocates do not express their willingness to part of the

Committee, similar request shall be made by both sides to the under

mentioned Ld. Senior Advocates in the following order preference

1. Sh. M. N. Krishnanmani, Sr. Advocate

2. Sh. R. S. Suri, Sr. Advocate

3. Sh. Rakesh Kumar Khanna, Sr. Advocate

4. Sh. Raj Birbal, Sr. Advocate

Further hearing in the matter has be agreed to be conducted on

21.4.2016 at 2:30 p.m. Both parties have assured that they would conclude

their arguments on the next date of hearing so that order can be passed and

election can be held on 27.05.2016 as resolved in the resolution passed by the

Bar on 7.4.2016.


CS No.____/2016Oakley Inc v. Bhargav Mehta Trading as Sasa Sport & Ors.

12.04.2016Fresh suit received by way of assignment. It be checked and registered.

Present: Sh. S. K. Bansal, Ld. Counsel for plaintiff.

Part arguments heard on the injunction application.

To come up on 19.04.2016 for further arguments and order.


12.04.2016

CS No.____/2016Central Secretariat Club v. Suresh Kumar Sharma

12.04.2016Fresh suit received by way of assignment. It be checked and registered.

Present: Sh. Sujeet Kumar, Proxy Counsel for plaintiff.

It is submitted that main counsel is not available as he is busy in

Tis Hazari Courts and adjournment is sought.

To come up on 26.04.2016 for consideration.


12.04.2016

CS No.138/16MTNL v. Nacesent Retailers Ltd.

12.04.2016

Present: Sh. Rajeev Sharma, Ld. Counsel for plaintiff.

None for the respondent.

PW1 Sh. Narinder Kumar, Accounts Officer (RR) Mobile

Service in person.

It is submitted by Ld. Counsel on behalf of plaintiff that on

14.10.2014, I. A. was filed alongwith affidavit but the same is not on record and

seeks time to file fresh affidavit of PW1.

To come up for evidence on 01.07.2016.


12.04.2016

CS No.68/16Vijay Gupta v. G. S. Sandhu & Ors. 12.04.2016

Present: Sh. Rishi Sehgal, Ld. Counsel for plaintiff.

Sh. Jaswant Persoya, Proxy Counsel for D1.

Sh. Manish Sharma, Advocate for D2D4.

One PW i.e. DW2 Sh. Mahesh Goel is present for his cross

examination.

PW2 Sh. Mahesh Goel is crossexamined on behalf of D2D4

and crossexamination on behalf of D1 is deferred on the request of Proxy

Counsel that the main counsel is not well and suffering from chickenpox.

To come up on 03.08.2016 for crossexamination of PW2 and

remaining P.E.


12.04.2016

CS No. : 338/15Allied Architect Pvt. Ltd. v. UCO Bank

12.04.2016

Present: Sh. Vinayak Srivastava, Ld. Counsel for plaintiff.

Ms. Ruchi Singh, Advocate for Defendant No.1

Ld. Counsel for plaintiff seeks time to file reply to application u/s

8 of Arbitration & Conciliation Act, 1996 read with Section 25 CPC of the

defendant. Granted. Advance copy be served within 3 weeks upon defendant.

To come up for disposal of the application on 2.6.2016.


12.04.2016

CS No.263/16Prabhat Jain v. Google

12.04.2016

Present: Sh. Ajay Pal Singh, Proxy Counsel for plaintiff.

Sh. Pranav Narayan, Ld.Counsel for Defendant No.1

Mr. Neel Mason and Ms. Sanya Bhatnagar, Advocates for

Defendant No.2.

Summon of the court of Ms. Priya Mahendra, SCJcumRC,

New Delhi has been served upon Ld. Counsel for defendant on behalf of

Defendant M/s Google Inc through Sh. Pranav Narayan by Process Server

Sh. Prempal.

Copy of application under Order 7 Rule 11 CPC supplied to

Ld. Counsel for plaintiff. Ld. Counsel for plaintiff undertakes to file replication

of defendant no.2 and also reply of application under Order 1 Rule 10 CPC.

Advance copy of either side be filed within 10 days.

To come up for disposal of all misc. applications and arguments

on 13.05.2016


12.04.2016

CS No. 353/41Surender Singh Tanwar v. Deepak Malik

12.04.2016

Present: Sh. Satya Prakash, Ld. Legal Aid Counsel for plaintiff.

Sh. G. S. Sandhu, Ld. Counsel for Defendant Nos. 1 & 2.

Plaintiff has supplied copy of application under Order 22 Rule 3

read with Section 151 of the Code of Civil Procedure to the Ld. Counsel for

defendants.

To come up for arguments and order on 5.7.2016.

Ld. Counsel for defendant apprised Ld. Counsel for plaintiff as

well as court that Defedant no.2 has expired about one and half month ago.

Ld. Counsel for defendant shall furnish details to the counsel for plaintiff

within two weeks. Plaintiff can move appropriate application under Order 22

Rule 4 CPC.


12.04.2016

cs no.107/16 aero club vs magnum interiors pvt ltd & ors...

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