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IN THE
HIGH COURT OF DELHI AT NEW DELHI
+CS(COMM)
262/2018 & CC (COMM) No.24/2018
DEEPAK PRANJIVANDAS SHAH & ORS .....
Plaintiffs
Through: Mr. Ankit Arvind, Adv.
Versus
SAFEX CHEMICALS (INDIA) LTD .....
Defendant
Through: Mr. Ajay Amitabh Suman, Adv.
CORAM:
HON'BLE
MR. JUSTICE RAJIV SAHAI ENDLAW O R D E R
% 21.03.2018
IA
No.21484/2012 (of the plaintiffs under Order XXXIX Rules 1&2 CPC)
1.
Adjournment is sought on behalf of the counsel for
the plaintiffs.
2.
There is no interim order in
favour of the plaintiffs till now and issues have already been framed and
recording of evidence is underway.
3.
In this view of the matter, it is
not deemed appropriate to keep this application pending. With liberty to the
plaintiff to apply for interim relief if the defendant is found delaying the
recording of evidence, the application is disposed of.
CS(COMM) 262/2018 & CC (COMM)
No.24/2018
4.
The counsel for the defendant
states that the plaintiffs have not filed original documents.
5.
It is open to the counsel for the
defendant to take all objections in this regard in the course of recording of
evidence and in accordance with Order XVIII Rule 4(4) of the CPC, the
objections are not to be decided at this stage.
CS(COMM) 262/2018 Page 1 of 2
The reliance by the counsel for the defendant on Shalimar
Chemicals Works Ltd. Vs. Surendra Oil & Dal Mills (Refineries) 2010
(44) PTC (SC) 1 in this regard is misconceived.
6.
The counsel for the defendant
insists upon arguing further which is declined.
CS(COMM) 262/2018
7.
List before the Joint Registrar
on 11th April, 2018 for fixing the dates for recording of evidence.
RAJIV SAHAI ENDLAW, J
MARCH 21, 2018
‘gsr’..
CS(COMM) 262/2018 Page 2 of 2
