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2024 Supreme(Online)(DEL) 30813

HIGH COURT OF DELHI
JUSTICE PRATHIBA M. SINGH, JUSTICE AMIT SHARMA, JJ
VIKRANT KHANNA & ORS. – Appellant
Versus
SMT. AMITA LAMBA & ANR. – Respondent


Advocates:
Ashutosh Lohia with Ms. Shraddha Bhargava, Mr. Rohit Saraswat, Ms. Princy Sharma, Mr. Gaurav Anand, Mr. Sharan Mehta and Mr. Karan Sharma; Mr. Rajneesh Vats, Advocate.

JUDGMENT

Prathiba M. Singh, J.

1. This hearing has been done through hybrid mode.

2. The present appeal has been filed by the Plaintiff/Appellant under Section 10(1) of the Delhi High Court Act , 1966 read with Section 104 and Order XLVIII Rule 1 of the Code of Civil Procedure , 1908 challenging the impugned order dated 10th January, 2023, passed by the ld. Single Judge. By the impugned order, the ld. Single Judge permitted the written statement of the Defendant/Respondent to be taken on record, subject to payment of Rs. 1 lakh as costs to the Plaintiff/Appellant.

Background

3. The suit from which the present appeal emanates is one for recovery of a sum of Rs.7,95,38,338/- filed by the Plaintiff/Appellant against the Defendants/Respondents. The brief facts of the case are that on 30th October, 2021 an advance copy of the plaint was served to the Defendant/Respondent, and on 26th November, 2021 summons were issued to the Defendant/Respondent by the ld. Single Judge. On 11th March, 2022 the Plaintiff/Appellant was directed to file certain documents including certain bills/vouchers, and the Defendant/Respondent was directed to file the written statement after four weeks from supply of t

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