Ex – 43/15 Upendra Kumar Mishra Vs. M/s. Lally...

Ex – 43/15 Upendra Kumar Mishra Vs. M/s. Lally Automobile Pvt. Ltd.

05.02.2016

Present: Sh. Arvind Kumar, Adv. alongwith DH

Ld. Counsel for DH has filed his attorney.

Steps not taken. One more opportunity is being given subject to

cost of Rs. 500/ to be deposited in Legal Aid.

Issue Warrant of Attachment to the tune of decreetal amount

against the movables of JD. DH is directed to appear before Ld. ACJ on

23.02.2016 and further directed to appear in this Court on 29.04.2016.

( LALIT KUMAR )ADJ1(South East) Saket Courts

New Delhi/05.02.2016

CS – 119/15 Leo Cargo Services Pvt. Ltd. Vs. Jitendera Kumar Badhani

05.02.2016

Present: Sh. Sunil Kapoor, Adv. Proxy Counsel for plaintiff

It is submitted that matter is pending between the parties before

the Mediation Centre in Hon’ble High Court at Allahabad and the matter is likely

to be settled and requested adjournment.

In the interest of justice, matter is adjourned for 23.04.2016.



CS 92/2014Moti Ram Vs. Vinod Singh @ Saroj Singh

05.02.2016

Present: Plaintiff in person

Defendant has been served through Publication done on

17.10.2015 and 26.10.2015 in different newspapers for 31.10.2015 and through

affixation on 8.05.2015, however, none has appeared on behalf of the

defendant, therefore, defendant is proceeded exparte.

Put up for Exparte Plaintiff’s Evidence on 23.04.2016.



CS 02/15 Mohinder Jeet Singh Vs. M/s. Infinity Cars & Ors.

05.02.2016

Present: Ms. Ashu Arora, Ld. Counsel for the plaintiff

Sh. Jitender Chouhan, Ld. Counsel for defendant no.3

Sh. Manish Sharma, Ld. Counsel for defendant no.5

Sh. Kunal Mehta, Ld. Counsel for defendant no. 6

Ld. Counsel submits that she got engaged in this case yesterday

itself and seeks time to file memo of appearance during the course of the day

and submits that she will take appropriate steps to serve defendant no.2.

Defendant no.2 be served subject to steps for 22.04.2016.



CS 45/2015M/s. Bird Automative Pvt. Ltd. Vs. Mohinder Jeet Singh

05.02.2016

Present: Sh. Kunal Mehta, Ld. Counsel for the counterclaimant / def. no.6

Ms. Ashu Arora, Ld. Counsel for nonclaimant / plaintiff

Be put up on 29.04.2016 with the main suit.



Ex – 103/15 Kotak Mahindra Bank Vs. Shiv Kumar

05.02.2016

Present: Sh. Amarnath, Ld. Counsel for the DH

Let notice of the execution petition be issued to the JD subject to

steps for 29.04.2016.



Ex – 59/15 HDFC Bank Ltd. Vs. Nitin Sethi

05.02.2016

Present: Ms. Pooja, Ld. Counsel for the plaintiff Sh. Asad Siddiqui, Ld. Counsel for the defendant

It is submitted that the matter has been settled. Ld. Counsel for

the defendant has filed copy of three post dated cheques issued by the

defendant in favour of the plaintiff.

Ld. Counsel for the plaintiff submits that she has to seek

instructions regarding withdraw of the case.

At request, the matter be put up on 29.04.2016.



CS – 344/15M/s. Disposafe Health and Life care Ltd. Vs. Sanjay Aggarwal and Ors.

05.02.2016File taken up on filing of application u/O XXXVIII Rule 1 r/w Rule 5

alongwith Section 151 CPC for necessary directions and for application u/S. 151

CPC for preponement of date already fixed.

Present: Sh. Vineet Choudhary, Ld. Counsel for the plaintiff

Let notice of the application u/O XXXVIII Rule 1 r/w Rule 5

alongwith Section 151 CPC be issued to the opposite party subject to steps for

the date fixed.

In view of the files being received from the Hon’ble High Court,

preponement is not possible.

File be put up on the date fixed.



PC – 32/15 Rajrani Vs. State

05.02.2016

File taken up on filing of List of witnesses and application for

summoning of witnesses on behalf of the petitioner.

Present: Sh. Pawan Kumar Sharma, S/o the petitioner

List of witnesses be taken on record. Application for summoning

of witnesses is allowed.

Witnesses be summoned as mentioned in the application. Diet

money of the witnesses shall be paid in the Court.

Put up on the date fixed.



TM 07/16 Phonographic Performance Ltd. Vs. Capitol

05.02.2016

File taken up on filing of application u/O VI Rule 17 CPC

alongwith amended plaint filed on behalf of the plaintiff.

Present: Sh. Anjani Kumar, Ld. Counsel for the plaintiff

Let notice of the application be issued to the opposite party on

taking steps for the date fixed i.e. 08.02.2016.

As prayed, notice be given Dasti.



CS – 179/2014 Sh. Paramjeet Singh & Ors. Vs. Devender Kumar Handa

05.02.2016

File taken up on filing of Written statement alongwith other

documents and vakalatnama.

Present: None

WS be taken on record subject to the provisions of CPC.




Ex – 109/15 Sh. Ramdevi & Ors. Vs. Mohd. Javed Akhtar & Ors.

05.02.2016

File taken up on filing of application for reissuing warrant of

attachment at fresh address.

Present: None

It is seen that the fresh address filed by the DH falls within the

jurisdiction of South District, hence warrant of attachment cannot be issued on

this address. DH is directed to take appropriate steps for transfer of the decree

for execution.




CS – 252/15 Trilok Singh Vs. Gurdev Singh & Ors.

05.02.2016

File taken up on filing of WS, vakalatnama and also on filing of

reply to the application u/O 39 Rule 1 and 2 CPC.

Present: None

Vakaltnama and reply to application are taken on record.

WS be taken on record subject to the provisions of CPC.




CS – 239/15 M/s. Action Construction Equipment Ltd. M/s. Heman Engineers & Ors.

05.02.2016

File taken up on filing of written statement on behalf of

respondents no. 4 and 5.

Present: None

WS be taken on record as per the provisions of CPC.




TM 34/15JK Cement Vs. Nihal Singh

05.02.2016File taken up today on filing of application u/S. 151 CPC for

typographical error in Order dated 01.02.2016.

Present: Ms. Anju Aggarwal, Ld. Counsel for the plaintiff

Ld. Counsel for the plaintiff submitted that while passing the Order,

this court has restrained the defendant from using trade name “Jey Key”.

However, the prayer of the plaintiff is that the defendants be restrained from

using trademark :Jey Key Minar Cement.

I have perused the record. Perusal of the record reveals that the

submission of Ld. Counsel for the plaintiff is true. There is a typographical error

and the word ‘Minar’ is left during typing of the Order.

Accordingly, the application is allowed and anexparte adinterim

injunction restraining the defendants, by themselves, their servants, agents etc

from manufacturing, selling, offering for sale, advertising, directly or indirectly

dealing in products under the trademark Jey Key Minar Cement or any other

trademark deceptively and /or confusingly similar to the Trademark J K Cement

(L) of the plaintiff and using any website and doman name having name JK

Cement(L) as may lead to passing off of defendants’ goods / business for those

of the plaintiff.

Compliance of Order XXXIX Rule 3 CPC be made within three

working days from today. Copy of this Order be also given Dasti.

Application is disposed off accordingly.

File be put up on the date fixed.



CS 160/14M/s DGM India Internet Vs. M/s XEBEC EMedia Technologies Marketing P. Ltd. Pvt. Ltd.

05.02.2016

Present: None.

Vide order no. Judl./cases transfer/F.53/SE/Saket/ 2016,

17191728 dated 01.02.2016 of Ld. District & Sessions Judge, South

East, Saket Courts, New Delhi, this case stands transfered in the

court of Mr. Anil Antil, ADJ05, South East, Saket Courts, New Delhi.

In compliance of the same file be sent to the transferee

court immediately.

Parties are to appear before the transferee court today

itself.

(LALIT KUMAR)ADJ1(South East) Saket Courts New Delhi /05.02.2016

CS 318/15M/s EKO Aspire Foundation & Anr. Vs. Roop Kishore Mittal

05.02.2016

Present: None.






court immediately.


itself.


Ex.102/15TATA Capital Vs. Aindri Infrastructure & Ors.

05.02.2016

Present: None.






court immediately.


itself.


Ex. 93/15HDFC Bank Vs. Vijay Pushkarna

05.02.2016

Present: None.




court of Ms. Nilofar Abida Perveen, ADJ04, South East, Saket

Courts, New Delhi.


court immediately.


itself.


CS 470/15Smt. Farzana parveen Vs. Mohd. Wasil & Ors.

05.02.2016

Statement of Sh. Firoz Iqbal Khan, Counsel for plaintiff. (Enrollment no D3220/14).

At Bar

I am counsel for the plaintiff and have instructions to

withdraw the present suit without prejudice to the right of plaintiff,

hence I may be allowed to withdraw the present suit.

RO & AC (LALIT KUMAR)

ADJ1(South East) Saket Courts New Delhi /05.02.2016

CS 470/15Smt. Farzana parveen Vs. Mohd. Wasil & Ors.

05.02.2016

Present: Sh. Firoz Iqbal Khan, Ld. Counsel for the plaintiff.

It is submitted by Ld. Counsel for the plaintiff that he has

been instructed by the plaintiff to withdraw the present suit without

prejudice to her right.

Separate statement of Ld. Counsel for the plaintiff has

been recorded to this effect. Plaintiff shall remain bound by this

statement.

In view of statement made by Ld. Counsel for the

plaintiff, present suit is dismissed as withdrawn without prejudice to

the right of plaintiff. File be consigned to record room.


ARB 70/14Sukho Devi Vs. Vinod Kumar & Ors.

05.02.2016

Present: Ms. Shivani, proxy counsel for petitioner. Sh. Varun Nischal, Ld. Counsel for respondents.

Proxy counsel for petitioner states that she has been

instructed by the main counsel to submit that petitioner wants to

withdraw her application, however seeks short adjournment on the

ground that petitioner is old aged lady and main counsel is held up

in NGT and unable to come today.

Heard and perused the record. Perusal of record shows

that several adjournment has already been taken by the petitioner on

the same ground. Even previous cost is not paid. Considering the

conduct of petitioner, she is burdened with a cost of Rs. 1,000/ to be

paid to the respondent and last opportunity is being given to

petitioner.

Put up for further proceedings on 08.02.2016.


CS 84/15M/s HCL Learning Ltd. Vs. M/s Shaheed Rajendra Singh Public

School

05.02.2016

Present: Sh. Vikram Gulia, Ld. Counsel for plaintiff alongwith AR of plaintiff. Defendant is exparte.

Affidavits of Sh. Aditya Prakash (PW1) and Sh. Yogesh

Kumar (PW2)tendered in exparte PE.

Vide separate statement, Ld. Counsel for plaintiff has

closed plaintiff's exparte PE.

Exparte arguments heard.

Put up for order / clarification on 12.02.2016.

(LALIT KUMAR) ADJ01(SE), Saket Courts, New Delhi / 05.02.2016

Ex.62/15M/s Nehru Place Hotel & Vs. Tractel Tirfor India Pvt. Ltd. Real Estates Pvt. Ltd.

05.02.2016

Present: Ms. Priyadeep, Ld. Counsel for DH.

Deficient documents as per Nazir report has already

been filed.

Let issue notice of petition to JD on filing of PF/RC and

copy of documents etc., returnable for 29.04.2016.


Ex. 66/15HDB Financial Services Ltd Vs. Anand Pathak

05.02.2016

Present: None.

Process sent to JD not received back. Let Process Server

be called with explanation and report.

In the meantime, issue fresh process to JD in terms of

previous order subject to steps, returnable for 01.04.2016.


Ex. 65/15HDB Financial Services Ltd Vs. Daljit Singh Gill

05.02.2016

Present: None.






Ex. 67/15HDB Financial Services Ltd Vs. Dev Dutt

05.02.2016

Present: None.






CS /2016 (Old No. 1404/96)Phase Finance & Intl. Vs. Sanvir Parkash & Ors.

05.02.2016

Present suit has been received in District Courts in view

of enhancement of pecuniary jurisdiction and the same has been

assigned to this court by Ld. District & Sessions Judge, South East,

Saket Courts, New Delhi.

Present: Sh. Kunal Sachdeva, Ld. Counsel for plaintiff. Sh. Saurabh Prakash, defendant no.2 in person.

At joint request, matter is adjourned for further

proceedings on 08.02.2016 at 2:00 pm.


TM 18/15M/s Roadrunner Logistics P. Ltd. Vs. M/s Carthero Technologies P.

Ltd.

05.02.2016

File taken up today on an moved on behalf of plaintiff

under Order 39 Rule 2a read with Section 151 CPC.

Present: Sh. A. Khalid, Ld. Counsel for plaintiff.

Let notice of application be issued to defendant on filing

of PF/RC and copy etc., for the date fixed i.e 11.04.2016.


M – 02/15Aishwarya Singh Vs. Unicorn Securities.

05.02.2016Present: Sh. Sermon, Ld. Counsel for applicant / petitioner.

None for respondent. Receipt of cost Rs. 500/ deposited with DLSA has been filed

by applicant / petitioner. Be awaited and called again.

ADJ01/SE/SaketAt 10:50 amPresent: As above.

Be awaited and called again.

ADJ01/SE/SaketAt 11:30 amPresent: As above.

None has been appearing for the respondent despite repeated

calls since morning. It is already 11:30 am. Perusal of file reveals that

reply of the application under Section 151 CPC for restoration of case has

not been filed by the respondent.

Let one more opportunity is being given to respondent to file

reply of the same, however subject to cost of Rs. 1,000/ to be deposited

in DLSA.

Put up on 21.04.2016.


Ex – 43/15 Upendra Kumar Mishra Vs. M/s. Lally...

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