Orders

% 19.12.2003

Present : Dr. Surat Singh for the plaintiff.

+ Suit No 2199/2003

Let the plaint be registered as a suit.

Issue summons to the defendants by registered AD post as well as through approved courier for 21 st January, 2004.

IA No 11858/2003

Notice for 21 st January, 2004.

IA No 11859/2003

Notice for 21 st January, 2004

Sd/

December 19, 2003 R.C.CHOPRA,J.

Vk.

D – 1 – Served

D2 to 6 –S/R awaited

D4 – Insured – By Regd. A.D

% 21.01.2004

Present : Mr. Kanwal Singh for the plaintiff.

Mr. Krishna for defendants 1 and 2.

Mr. D.K. Thakur for defendant No.4.

Mr. Ashok Kumar for defendant No.5.

+ Suit No. 2199/2003 & IA 11858/03 & 11859/03

The service report on defendants 3 and 6 is still awaited. Let a complete copy of the paper book be supplied to learned counsel for the defendants within a week. Written statement/replies be filed within four weeks thereafter. Replication/rejoinder within two weeks thereafter.

Fresh summons/notices be issued to defendants 3 and 6 for

20.5.2004. Sd/-

January 21, 2004 R.C.CHOPRA,J.

rp.

• Report by L.C. filed
• Affidavit of Service filed
• Same issued S/R D6 – Served
• Letter from Surat Singh filed - in part II

Fresh IA 3288/04 V – e Rule – 3, 151 CPC

% 20.05.2004

Present: Dr. Surat Singh for the plaintiff

Mr. S.K. Mishra, Senior advocate with Mr. Deepak Kr. Thakur for the defendant No.4/ applicant.

+ IA No 3288/2004 in CS (OS) No 2199/2003

This application has been moved on behalf of defendant No.4 for extension of time for filing written statement and replies as well as directions to the plaintiff to file the transcript of the video cassette and supply of a copy of the CD filed by the plaintiff as (Annexure P – 6).

Learned counsel for plaintiff accepts notice. He has no objection to the grant of time for filing written statement and replies. He also agrees to supply a copy of the CD (Annexure-6) to counsel for defendant No.4. Counsel for plaintiff also agrees to file a transcript of the video cassette (Annexure P-2) but submits that he would be filing the transcript of only those portions which are relevant for this suit and which are relied upon by him.

Let a transcript of the video cassette (Annexure P-2) be filed along with an affidavit that the transcript pertains to the portions relied upon by the plaintiff and that the plaintiff does not rely upon any other part of the video cassette. A copy of the aforesaid transcript be also supplied to learned counsel for defendant No.4 The plaintiff is also directed to supply a proper copy of the CD to counsel for defendant No.4 within two weeks. Defendant No.4 to file written statement and replies within three months as agreed. Replication and rejoinder thereto, if any, be filed within three weeks thereafter.

The application stands disposed of.

CS (OS) No 2199.2003

Defendants No. 3 and 6 have not put in appearance in spite of service. They are proceeded against ex parte.

List for further proceedings on 14 th September, 2004.

May 20, 2004 R.C.CHOPRA, J.

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• Transcript of the vide a ………with Affidavit – not filed.
• Defendant W/S Reply not filed
• ………

14.09.2004

Present : Mr. Ravinder Kumar Das for counsel for the plaintiff.

Mr. S. K. Mishra, Sr. Adv. With Mr. Deepak Kumar

Thakur for defendant No.4/applicant.

Mr. Manzoor Ali for defendant No.6.

CS (OS) No.2199/2003

Learned counsel for defendant No.4 applicant states that the plaintiff has not filed transcript of the video cassette and copy of the CD along with an affidavit as directed by the court vide order dated 20.5.2004. Let the order be complied within one week. Written statement and reply could not be prepared and filed. Let the same be filed within three months.

Renotify on 19 th January, 2004.

September 14, 2004 R.C.JAIN, J.

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Documents filed.

W.S./Reply not filed

% 19.01.2005

Present : Dr. Surat Singh with Ms. Mamta Rani for the plaintiff.

Mr. Suresh Kail for the defendants No. 1 and 2.

Mr. S.K. Misra, Senior Advocate with Mr. Deepak K. Thakur

For the defendant No.4.

Mr. Ashok Kumar Singh for the defendant No.5

Mr. Manzoor Ali Khan for the defendant No.6.

+ CS (OS) No 2199/2003

Defendants No.3 and 6 are already ex parte.

Counsel for defendant No.4 has pointed out that in terms of the orders dated 20 th May, 2004, the plaintiff has filed a CD along with a transcript of the video cassette but the affidavit has not been filed pertaining to the portions being relied upon by the plaintiff in this suit.

Counsel for the plaintiff submits that the affidavit is the transcript of the entire video cassette (Annexure P-2).

Let the plaintiff file an affidavit in terms of the orders dated 20 th May, 2004, specifying the portions of the video cassettee which are being relied upon by the plaintiff in this suit. Copy be given to learned counsel for defendants also.

List again for further proceedings on 20 th April, 2005.

January 19,2005 R.C.CHOPRA, J.

vk.

Affidavit of plaintiff filed.

% 20.04.2005

Present : Mr. Adarsh Kr. Agrawal for the plaintiff.

Mr. D.K. Thakur for the defendant No.4.

Mr. Manzoor Ali Khan for the defendant No.6.

+ CS(OS) No 2199/2003

Hon’ble Judge is on leave today.

List again on 22 nd August, 2005.

BY ORDER

April 20, 2005 (COURT MASTER)

vk.

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 2199/2003

S.N. SINGH ……………. Plaintiff

Through : Mr. Ambuj Agrawal, Adv.

Versus

UOI & ORS. …………… Defendants

Through: Mr. Prabhati Lal for D-1 & 2.

Mr. S.K.Mishra,Sr.Adv.with Mr. Deepak Thakur

For D-4.

Mr. Pratap Singh for D-5.

Mr. Manjoor Ali Khan for D-6.

CORAM:

HON’BLE MR. JUSTICE R.C. JAIN

% ORDERS

22.08.2005

Mr. Mishra, learned senior counsel representing defendant no.4 states that the affidavit of the plaintiff is not strictly in compliance with the order dated 20.5.2004 because it has not specified the portions of the video cassette on which the plaintiff will place reliance for the purpose of the present suit.

Let the plaintiff file a proper and specific affidavit which fully meets the requirement of order dated 20.5.2004 within two weeks and on doing so, the defendants are called upon to file their written statements within ten weeks thereafter. Replication thereto, if any, may be filed within four weeks thereafter.

List on 5 th January, 2006.

R.C.JAIN, J.

AUGUST 22, 2005

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