$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 363/2024, CRL.M.A. 24060/2024, I.A. 36345/2024 &
I.A. 36346/2024 THE FOOD MASTERS .....Plaintiff Through: Mr. Dhruv M. & Mr. Tushar Gupta, Advs.
M: 9958364638 Email: adv.guptatushar@gmail.com versus V G AND GROUP & ORS. .....Defendants Through: Mr. Pran Krishna & Ms. Anjali Kumari, Advs. for D-2, to 6.
M: 9811294972 CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
O R D E R
% 13.08.2024 CRL.M.A. 24060/2024 (Application under Section 215(1)(B) and Section 379 of The Bhartiya Nagrik Suraksha Sahita, 2023 and under Section
228 and 229 of The Bharatiya Nyaya Sanhita, 2023)
1. The present application has been filed on behalf of the plaintiff under Section 215(1)(B) and Section 379 of The Bhartiya Nagrik Suraksha Sahita, 2023, and under Section 228 and 229 of The Bharatiya Nyaya Sanhita, 2023, for initiation of criminal proceedings against the defendants for producing forged and fabricated documents before this Court.
2. Learned counsel appearing for the plaintiff submits that during the course of the proceedings before this Court, it has come to notice that certain documents submitted by the defendants majorly, the sale invoices issued by the defendants, appear to be tempered, forged and fabricated. Thus, it is submitted that defendants are guilty of placing tempered, forged and fabricated documents on record.
3. Issue notice. Notice is accepted by learned counsel appearing for the defendant nos. 2 to 6.
4. Issue notice to defendant no.1 by all modes.
5. Let reply be filed within a period of four weeks.
6. Rejoinder thereto, if any, be filed within two weeks, thereafter.
7. List before the Joint Registrar (Judicial) for completion of pleadings on the date already fixed, i.e., 25th October, 2024.
I.A. 36345/2024 (Application under Order VII Rule 11 read with Section 151 CPC)
8. The present application has been filed on behalf of defendant no.2 to 6 under Order VII Rule 11 read with Section 151 Code of Civil Procedure (“CPC”), 1908, for rejection of plaint.
9. Learned counsel appearing for the defendants submits that the defendants are seeking rejection of the plaint, as the same fails to disclose any just, cogent and enforceable cause of action against the answering defendants.
10. Issue notice. Notice is accepted by learned counsel appearing for the plaintiff.
11. Let reply be filed within a period of four weeks.
12. Rejoinder thereto, if any, be filed within two weeks, thereafter.
13. List before the Joint Registrar (Judicial) for completion of pleadings on the date already fixed, i.e., 25th October, 2024.
I.A. 36346/2024 (Application under Order VII Rule 10 read with Section 151 CPC)
14. The present application has been filed on behalf of defendant nos. 2 to 6 under Order VII Rule 10 CPC read with Section 151 CPC, for return of the plaint.
15. Learned counsel appearing for the defendants submits that the defendants are seeking return of the plaint for want of jurisdiction, as neither the plaint nor the documents produced with it, justify the exercise of territorial jurisdiction of this Court.
16. Issue notice. Notice is accepted by learned counsel appearing for the plaintiff.
17. Let reply be filed within a period of four weeks.
18. Rejoinder thereto, if any, be filed within two weeks, thereafter.
19. List before the Joint Registrar (Judicial) for completion of pleadings on the date already fixed, i.e., 25th October, 2024.
20. Next date of 29th August, 2024, stands cancelled.
MINI PUSHKARNA, J AUGUST 13, 2024/kr
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