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2023 Supreme(Del) 4028
IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmeet Pritam Singh Arora, J.
Bostock New Zealand – Appellant
Versus
Dev Bhumi Cold Chain Pvt. Ltd. – Respondent
CM(M) 889 of 2023 & CM APPL. 43686 of 2023
Decided On : 24-08-2023
Ms. Madhu Sweta, Advocate, for the Petitioner.
Ms. Gurmeet Bindra, Advocate, for the Respondent.
Compliance with specified time frames for filing necessary documents is crucial in court proceedings.
Headnote:
Limitation - Written Statement - Summary: The court allowed the written statement of the Petitioner to be taken on record in view of the judgment of the Supreme Court in Cognizance for Extension of Limitation Suo Motu Writ Petition no. 3/2020.
Fact of the Case:
The Respondent's counsel filed a motion stating no objection to the written statement of the Petitioner being taken on record, citing a Supreme Court judgment. The Petitioner's counsel agreed to file the affidavit of admission/denial of documents within two weeks.
Finding of the Court:
The court set aside the impugned order dated 10.02.2023 and disposed of the present petition with the consent of the parties. The pending applications were also disposed of.
Issues: The main issue was the filing of the written statement and the affidavit of admission/denial of documents within the specified time frame.
Ratio Decidendi: The court's decision was influenced by the consent of the parties and the compliance with the specified time frames for filing the necessary documents.
Final Decision: The impugned order dated 10.02.2023 was set aside, and the present petition was disposed of with the pending applications.
JUDGMENT
Manmeet Pritam Singh Arora, J. (Oral)
1. This order is being passed in continuation of the order dated 25.05.2023.
2. The learned counsel for the Respondent has filed CM APPL. 43686/2023. She states that she has no objection if the written statement of the Petitioner is taken on record in view of the judgment of the Supreme Court in Cognizance for Extension of Limitation Suo Motu Writ Petition no. 3/2020.
3. The learned counsel for the Petitioner states that the affidavit of admission/denial of documents, filed by the plaintiff along with the plaint, shall be filed by the Petitioner within a period of two (2) weeks from today. The said statement is taken on record and the Petitioner is bound down to the same.
4. It is directed that the Respondent shall file their replication within a period of two (2) weeks of the receipt of the affidavit of admission/denial of documents.
5. This Court has been informed that the matter has been listed before the Trial Court on 20.10.2023. The Trial Court is requested to proceed with the matter thereafter in accordance with law.
6. With the aforesaid directions and consent of the parties, the impugned order dated 10.02.2023 is set aside.
7. With the aforesaid directions the present petition is disposed of. The pending applications stand disposed of.
8. The date already fixed i.e., 06.10.2023 stands cancelled.
