Brajesh Kumar v. Chetna & ORS

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 134/2015 BRAJESH KUMAR ..... Plaintiff Through:

Mr. Atul Sharma, Advocate.

versus CHETNA & ORS ..... Defendants Through:

Mr. S.K. Sharma, Advocate for defendants No.2 & 3.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 08.03.2016 I.A. No. 13/2016 By this application, the plaintiff seeks condonation of 10 days delay in filing the chamber appeal.

The delay of 10 days is not substantial and for the reasons stated in the application, the same is condoned.

The application stands disposed of.

O.A. No. 1/2016 The plaintiff is aggrieved by the right of the plaintiff to file the replication/ rejoinder being closed by the learned Joint Registrar vide order dated 20.11.2015.

Learned counsel for the plaintiff states that the replication/ rejoinder are ready and were filed in the Registry along with the present appeal.

However, the same would do appear to come on record as the Court has not yet granted leave to the plaintiff.

Learned counsel for the defendants fairly does not oppose the present chamber appeal.

Accordingly, the same is allowed, subject to payment of costs to the defendants. The plaintiff shall pay costs of Rs.5,000/- to the defendants within a week. The time for filing the replication/ rejoinder is extended by two days. The plaintiff should ensure to bring the same on record within the next two days.

CS(OS) 134/2015 and I.A. Nos. 979/2015 & 25826/2015 In view of the notification No.2718/DHC/Orgl. dated 25.11.2015, issued under Section 4 of the Delhi High Court (Amendment) Act, 2015 (Act 23 of 2015), at the request of the counsels for the parties, the present suit is transferred to the Court of the District Judge (Shahdara), Karkardooma Courts, Delhi for further proceedings before the competent court on 04.05.2016.

It is made clear that as both sides are duly represented today, no fresh notice for appearance shall be issued and the parties shall ensure their presence before the concerned Court on the aforesaid date. VIPIN SANGHI, J MARCH 08, 2016 B.S. Rohella