MS HIMALAYAN FLORA AND AROMA PRIVATE LIMITED vs UTTAR PRADESH IRRIGATION DEPARTMENT & ANR.

Judgment text excerpt

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on: 18.03.2025 + CS (COMM) 589/2021 MS HIMALAYAN FLORA AND AROMA PRIVATE LIMITED .....Plaintiff Through: Mr. Anand Mishra, Ms. Vandita Nain and Ms. Ayushi Rajput, Advocates versus UTTAR PRADESH IRRIGATION DEPARTMENT & ANR. .....Defendants Through: Mr. Anil Mittal and Mr. Atul Chauhan, Advocates for D-1 Mr. Rachit Mittal, Mr. Parish Mishra, Mr. Kanishk Raj, Mr. Adarsh Srivastava and Mr. Kriti Jain, Advocates for D-2 CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN JUDGMENT VIKAS MAHAJAN, J. I.A. 13987/2023 (by defendant no. 2 under Section 151 CPC seeking to place on record the statement of truth in compliance of order dated 13.07.2023) 1. The present application has been filed by the applicant/defendant no.2 (Noida Authority) seeking to place on record the statement of truth in support of written statement filed by the defendant no.2. 2. The facts leading to filing of the present application in brief are that the present suit has been filed by the plaintiff praying, inter alia, for decree CS (COMM) 589/2021 Page 1 of 10 Signature Not Verified Digitally Signed By:NARENDRA SINGH ASWAL Signing Date:20.03.2025 16:28:47 of declaration, permanent injunction, recovery and damages against the defendants. The summons in the suit were issued by the court vide order dated 16.01.2023. It is not in controversy that the defendant no.2 was served with summons on 27.02.2023 and a written statement was filed by it along with a supporting affidavit as well as affidavit of admission and denial of documents on 28.03.2023. However, the said written statement was not accompanied with the statement of truth in terms of Order VI Rule 15A of CPC, as applicable to the Commercial Courts Act, 2015 [hereinafter referred to as „Act‟]. 3. The order da