Bostock New Zealand v. Dev Bhumi Cold Chain Pvt Ltd

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 24.08.2023 + CM(M) 889/2023 & CM APPL. 43686/2023 BOSTOCK NEW ZEALAND ..... Petitioner Through:

Ms. Madhu Sweta, Advocate.

versus DEV BHUMI COLD CHAIN PVT LTD ..... Respondent Through:

Ms. Gurmeet Bindra, Advocate.

%

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

J U D G M E N T

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.

CM(M) 889/2023 By:MAHIMA SHARMA 17:31:51

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. MANMEET PRITAM SINGH ARORA, J AUGUST 24, 2023/msh/sk Click here to check corrigendum, if any CM(M) 889/2023 By:MAHIMA SHARMA 17:31:51