DO Retrieved.asp(4)

Ordersheet & Evidence Dt. 15.11.2014.

CS No.

15.11.2014

Present: Ld. Counsel for the plaintiff.

(Sukhdev Singh)Addl. District Judge-05West District, THC Delhi: 15.11.2014

RCA No.4/2013

Madan Lal Vs.

Shyam Auto & Others.

Statement of Shri Madan Lal S/o late Shri Ayodhya Prasad,

R/o RZ- Q-15, Nihal Vihar, Delhi-110041, ON S.A.

I am the appellant. in the present case. I have settled the

matter with the respondents for a sum of Rs. 1,15,000/- ( Rupees

One Lakh Fifteen Thousand) towards full and final settlement of the

case. Out of the settlement amount, a sum of Rs. 40,000/- had

been deposited by me by way Two DDs before the Ld. Trial Court

which may be handed over to the counsel for the respondents. I

have made payment of Rs. 40,000/- ( Rupees Forty Thousand) in

cash to Shri Vijay Sehgal, Ld. Counsel for the respondents. I

undertake to pay balance amount of Rs. 35,000/- ( Rupees Thirty

Five Thousand) to the respondent on 6th of December, 2014 before

the National Lok Adalat.

RO&AC (Sukhdev Singh)Addl. District Judge-05West District, THC Delhi: 15.11.2014

RCA No.4/2013

Madan Lal Vs.

Shyam Auto & Others.

Statement of Shri Vijay Sehgal, Ld. Counsel for the respondents without Oath:

I am the counsel for the respondents. The matter has been

settled between the parties in the terms as stated in the statement

of the appellant. I have received a sum of Rs.40,000/- ( Rupees

Forty Thousand) in cash from the appellant. I have also received

two DDs totaling to Rs. 40,000/- from the record. Respondents

shall bring No Objection Certificate on 6th of December,2014 before

the National Lok Adalat and hand over the same to the appellant

on his making final and balance of payment of Rs.35,000/-.


CS No.

15.11.2014



CS No. 59/2012

Allababad Bank Vs. Gagandeep Singh

Statement of Shri Desraj Sharma, Chief Manager, Allahabad

Bank, Tilak Nagar Branch, New Delhi, ON S.A.

I tender my evidence by way of affidavit which is

correct. The same is Ex.PW.1/A. It bears my signatures at point A

and B.

I rely upon documents Ex.PW.1/1 to Ex.PW.1/13 .

Ex.PW.1/14 is the certificate with regard to electronic record

according to banker's book Evidence Act.


Statement of Shri Promod Upadhayay, counsel for the plaintiff without Oath:

I close exparte evidence.


CS No. 59/2012

15.11.2014

Present: Ld. Counsel for the plaintiff. Defendants exparte

PW.1 examined and discharged. Exparte evidence is

closed.

Arguments heard.

To come up for orders on 20.11.2014.


Suit No. 1165/2011

Vinod Shashi Pal Vs. Allahabad Bank etc.

Statement of Shri Vinod Shashi Pal, S/o Shri Sashipal R/o H.

No. 52/62, A-1, Street No.18, Nai Basti, Anand Parbat, Karol Bagh,

New Delhi-5, ON S.A.

I am the plaintiff in the present suit. The matter has been

settled before the mediation centre. As per the settlement arrived

at before the mediation centre on 13.11.2014, I have handed over

a draft for a sum of Rs. 1,00,000/- ( Rupees One Lakh), bearing No.

332364, dated 14.11.2014 in favour of Allahabad Bank, drawn on

The Delhi State Co-operative Bank Ltd, to Shri Tej Singh, Chief

Manager, Allahabad Bank, Rajouri Garden Branch towards full and

final settlement of all the dues of the bank. The settlement bears

my signature on all the pages at point A. The same is Ex.P-1.


Suit No. 1165/2011


Statement of Tej Singh, Chief Manager (I.D No. 20753) Allahabad Bank, Rajouri Garden Branch, for defendant No.1, ON S.A.

I am the Chief Manager of the defendant bank. The

bank has settled the matter with the plaintiff before the Mediation

Centre in terms of settlement dated 13.11.2014. I have received a

draft of Rs. 1 lakh as stated by the plaintiff in his statement

towards full and final settlement towards all the dues of the bank

in this matter. The settlement is Ex.P-1 which bears the signatures

of my officer Shri T.K. Handa, who has signed for and on behalf of

Allahabad Bank. I identify his signatures on all the pages at point

B on Ex.P-1.

I further state that in terms of settlement arrived at

between the parties, the bank shall issue No Dues Certificate after

clearance of the above mentioned draft and shall further give NOC

for release original title deed held with CBI Court in case CC No.

26/2009, pending in the court of Shri Vijay Shanker, Ld. ACMM,

Rohini Courts, Delhi. I further undertake that the bank shall co-

operate with the plaintiff before the criminal court as per the

settlement Ex.P-1.


Suit No. 1165/2011


Statement of Shri Vinod Kumar S/o Hardayal Singh, R/o

Village Tilanpur Kotla, New Delhi-43, ON S.A.

I am defendant No.2 in the present matter. I have settled

the matter with the plaintiff in terms of settlement Ex.P-1 which

bears my signature on all the pages at point C. I undertake to pay

an amount of Rs. 5,00,000/- ( Rupees Five Lakhs) to the plaintiff on

or before 20th December, 2014. I have already paid Rs.

1,00,000/- ( Rupees One Lakh) in cash to the plaintiff. I shall pay

the balance amount of Rs. 4 lakhs on or before 20.12.2014. I

undertake to abide by the terms and conditions of the settlement

Ex.P.1.


CS No. 1165/2011

Vinod Shashi Pal Vs.

Allahabad Bank etc.

15.11.2014

Present: Ld. Counsel for the plaintiff. Plaintiff in person.

Ld. Counsel for defendant No.1. Shri Tej Singh, Chief Manager, Defendant No.1

Defendant No.2 in person with counsel.

The matter has been settled before the Mediation

Centre. Order of the mediation is on record.

Statement of the parties has been recorded separately.

In view of the settlement arrived at between the

parties and statement recorded, suit of the plaintiff is disposed of

as compromised. File be consigned to Record Room.

Announced. (Sukhdev Singh)Addl. District Judge-05West District, THC Delhi: 15.11.2014

RCA No.4/2013

Madan Lal Vs. Shyam Auto etc.

15.11.2014

Present: Ld. Counsel for the appellant. Appellant in person. Shri Vijay Sehgal, Ld. Counsel for respondents.

Son of the respondent.

Efforts for settlement made between the parties for

about an hour.


The matter be listed before the National Lok Adalat to

be held on 6.12.2014. Ahlmad is directed to place the file before

the National Lok Adalat for further proceedings.


CS No. 181/13/13

Sant Kaur Vs. Punna Devi

Statement of Smt. Punna Devi, W/o Shri Amar Singh, R/o

Block-D, Gali NO.18, H. No.565, East GokulPur, Delhi 110094,

presently at 667/B, Gali No.3, 2nd Floor, Punjabi Bagh Basti, Anand

Parbat, Delhi-110005 aged about 50 years , ON S.A.

I am the defendant in the present suit. I have settled the

present case with the plaintiff for a total sum of Rs. 20,00,000/-

( Rupees Twenty Lacs) in full and final settlement. I undertake to

make payment of the settlement amount in two equal installments

of Rs.10 lacs each. The first installment of Rs. 10,00,000/-

( Rupees Ten Lakhs) shall be made to the plaintiff on or before 15th

December,2014 and second installment of Rs. 10,00,000/-

( Rupees Ten Lakhs) on or before 30th January,2015. The plaintiff

has agreed to hand over the entire peaceful and vacant

possession of the suit property No. 667/B, Gali No.3, Punjabi Bagh

Basti, Anand Parbat, Delhi-110005, to me after making the final

payment to the plaintiff by me.


CS No. 181/13/13


Statement of Smt. Sant Kaur wife of late Shri Balwant Singh,

R/o 667/B, Gali No.2, Punjabi Basti, Anand Parbat, New Delhi,

presently at House No. 17/365, first floor, Punjabi Basti, Anand

Parbat, New Delhi, aged about 82 years, ON S.A.

I am the plaintiff in the present suit. I have heard and

understood the statement made by the defendant. The matter

has been settled for a total amount of Rs. 20,00,000/- ( Rupees

Twenty Lakhs) towards full and final. I have agreed to receive the

payment of settlement amount in the manner stated by the

defendant in her statement. I undertake to hand over the entire

peaceful and vacant possession of the suit property No. 667/B,

Gali No.3, Punjabi Bagh Basti, Anand Parbat, Delhi-110005 to the

defendant on her making the payment of settlement amount. I

further undertake to execute title/transfer documents as required

in respect of the suit property in favour of the defendant. I also

undertake to first make payment to the tenants towards security

deposited with me after receiving first installment from the

defendant, so that the suit property will be vacated by the tenants

after receiving their respective payments.


CS No. 181/13/2013


15.11.2014

Present: Ld. Counsel for the plaintiff. Plaintiff in person.

Daughter of the plaintiff. Ld. Counsel for the defendant. Defendant in person.

Efforts for settlement made between the parties for

about an hour.


The matter be listed before the National Lok Adalat to

be held on 6.12.2014. Ahlmad is directed to place the file before

the National Lok Adalat for further proceedings.


MCA No. 05/13

Ishtiyaq Ahmed

Vs

Delhi Development Authority & Ors

15.11.2014

Present: None.

Vide separate judgment announced today, the appeal is

disposed off.

Trial court record alongwith copy of the judgment be sent

back. Appeal file be consigned to record room.


CS No. 453/11/98

15.11.2014

Present: None.

As per office report, original file has still not been received

from the Hon'ble High Court.

The same be awaited for 03.01.2014.


Arbitration No. 554A/11/10

15.11.2014

Present: Ld. Counsel for the petitioner.

As per office report, PF is not filed.

Counsel for the petitioner seeks some time for filing the PF

on the ground that he has been engaged recently. Time is given.

PF/RC be filed and thereafter notice of the petition be issued

to the respondent on filing of PF and RC for 15.01.2015.


Arbitration no. 52/13

15.11.2014

Present: Clerk of the counsel for the petitioner.

Ld. Counsel for the respondent.

Clerk of the counsel for the petitioner has stated that

counsel is out of station. Request for adjournment is made which is

allowed.

Now to come up on 29.11.2014 for settlement, if any/further

proceedings.

Parties to appear in person.


CS No. 1524/11

15.11.2014


Defendant is ex-parte.

Case is fixed today for proper orders.

To come up on 03.01.2015 for ex-parte evidence.


Arbitration No. 120/13

15.11.2014

Present: Ld. Counsel for the petitioner bank alongwith AR.

Respondent in person.

Respondent has filed today the account statement as well as

the payment receipt.

Respondent has made a request for fixing the case before

the “Natiional Lok Adalat”, being held on 6th December, 2014 so

that he can make the balance payment.

At his request, the case is fixed before the “National Lok

Adalat” on 06.12.2014.

Parties to appear in person.


CS No. 275/13

15.11.2014


Ld. Counsel for the defendant no. 1.

Ld. Counsel for defendant no. 2.

As per office report leave to defend applications have been

filed on behalf of defendant no. 1 and defendant no.2 on

17.10.2014 and 18.10.2014 respectively. Copies given today.

Now to come up on 23.01.2015 for filing replies to leave to

defend applications.


Misc No. 11/14

15.11.2014

Present: Ld. Counsel for the plaintiff/non-applicant.

Defendant/ applicant in person.

Defendant requests for adjournment on the ground that his

advocate is busy in the Hon'ble High Court. Adjournment is

allowed.

Now to come up on 29.11.2014 for settlement, if any/ further

proceedings.


Ex. No. 38/13

15.11.2014

Present: Ld. Counsel for DH.

JD in person.

Put up on 29.11.2014 with connected matter for settlement.


CS No. 78/13

15.11.2014

Present: Clerk of the counsel for the plaintiff.


Clerk of the counsel for the plaintiff has stated that advocate

is not available today due to some personal difficulty. Request for

adjournment is made which is allowed.



Ex. No. 37/14

15.11.2014

Present: Ld. Counsel for the DH.

As per office report both the JDs are not served.

Counsel for the JD seeks some time so that fresh addresses

of JD No. 1 & 2 be filed.

Fresh addresses of JDs be filed and thereafter notice of the

execution petition be issued on filing of PF and RC for 17.01.2015.


CS No. 548/11

15.11.2014



As per office report, no steps have been taken for

summoning the witness/es.

Counsel for the plaintiff is directed to take appropriate steps

for summoning the witness/es.

Now to come up on 03.01.2015 for ex-parte PE.


CS No. 1475/11

15.11.2014

Present: Proxy counsel for the plaintiff.


Proxy counsel for the plaintiff requests for adjournment on

the ground that main counsel has not come today due to some

personal difficulty. Request allowed.



CS No. 618/11/10

15.11.2014

Present: None for the plaintiff bank.

Ld. Counsel for the defendant.

Counsel for the defendant has stated that talks for

settlement are still going on between the parties. Some time is

sought for settlement which is given.

To come up on 03.01.2015 for settlement.


CS No. 1547/11IDBI BANK VS SHIV SHANKER PATHAK

15.11.2014

Present: None for the plaintiff.

Defendant is ex-parte

None has appeared on behalf of the plaintiff since morning

despite repeated calls. It is already 3 p.m.

Since none has appeared on behalf of the plaintiff, the suit of

the plaintiff is dismissed in default. File be consigned to record

room.


CS No.

15.11.2014

Present:


CS No.

15.11.2014

Present:


CS No. 386/11/10

15.11.2014


Ld. Counsel for the defendant.

Vide separate order announced today, the mode of partition

has been specified.

Now to come up on 13.01.2015 for admission/denial of

documents and issues.

Parties to appeared in person.


-1-

CS No. 354/2012

Satinder Kaur.... Plaintiff

Vs.

Tajinder Singh & Ors .....Defendants

O R D E R

Plaintiff has filed a suit for partition, rendition of

account and permanent injunction against the defendants.

2. During the course of proceedings, an application under

Order 12 Rule 6 of CPC was filed on behalf of the plaintiff. It was

stated in the application that defendant no. 1 has admitted the

certified copy of the release deed executed by defendant no. 2 and

3, which clearly shows the 1/ 4th share of the plaintiff. It was prayed

that since the admission of defendant no. 1 leaves no scope for

further trial, a judgment on admission be passed.

3. A preliminary decree for partition was passed by the

Ld. Predecessor of this court on 02.04.2013. Both the parties were

directed to suggest mode of partition. They sought time to work

out the mode of partition. During the course of proceedings, a

Local Commissioner was appointed to ascertain as to whether the

-2-

property was divisible or not. The Local Commissioner filed his

report on 21.07.2014.

4. The objections to this report were also filed by the

defendants. It was stated that the Local Commissioner did not

prepare any ruff mode at the site and he has not stated in his

report as to how and in which manner the property in question can

be divided without disturbing the structure. It was also stated that

the property in question cannot be partitioned in the manner as

suggested by the Local Commissioner. It was also stated that the

report submitted by the Local Commissioner was not tenable in law

as the same was not based upon reason. Objections were replied

by the counsel for the plaintiff.

5. Inspite of having filed report by the Local

Commissioner, again time was given to both the parties to work

out the mode of partition. However, the parties have failed to work

out the mode of partition in an amicable manner. Counsel for both

the parties have stated that since the parties have failed to

suggest a suitable mode of partition, the court may proceed with

the case. The objections raised on behalf of the defendants have

been that the suit and decree was only for partition and not for

possession. No doubt, that the suit has been for partition, the fact

that a decree has been passed for partition, the possession follows

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on partition. Therefore, this objection of the counsel for the

defendant does not stand.

4. Perusal of the report of the Local Commissioner

suggests that the property can be divided by erecting a partition

wall from the back side at the distance of 15 ft and back portion

shall go to the plaintiff and rest front portion shall go to the

defendants. The fact that the property is divisible by metes and

bounds and Local Commissioner has suggested the partition by

way of erecting a wall, which shall divide the portion of the plaintiff

and defendants, it is ordered that the property be divided by

erecting a wall from back side at the distance of 15 ft. By erecting

this wall at the distance of 15 ft, back portion shall go to the

plaintiff and rest front portion shall go to the defendants.

5. The plaintiff has to bear the expenses for erection of

partition wall. By doing so, the plaintiff will be having 1/ 4th share in

the suit property and rest of the portion of the suit property will

remain with the defendants.

Announced in the open Court (SUKHDEV SINGH)on 15.11.2014. Addl. District Judge:05

West District: THC Delhi.

Documents

DO Retrieved.asp(4)