Case Details

Ms Ultratech Cement Ltd Vs Tsm Constructions

Case Details

casenoCase TypeCS
casenoFiling Number2011/2011
casenoRegistration Number55470/2016
caseno Filing Date07-03-2011
hearingRegistration Date07-03-2011
hearingFirst Hearing Date11th March 2011
dateDecision Date08th August 2018
casestatusCase StatusCase Disposed
courtCourt Number and Judge75-Additional District Judge(Adj);
natureNature of DisposalUncontested--Plaint Returned;

Petitioners & Respondents

contactsPetitioner

Ms Ultratech Cement Ltd, ;

;

contacts Respondent Name

Tsm Constructions;

Order Details

orderdate Order Date21-10-2016 documents

IN THE COURT OF MS.VEENA RANI :ADDL. DISTRICT JUDGE, PATIALA HOUSE COURTS,NEW DELHI No. 55470 of 16 Title: Ultratech Cement Vs. Toni Malik 21.10.2016 Present: Ld. Counsel for the plaintiff. Ld. Counsel for the defendant. Some time sought by the counsel for the defendant to file affidavit with regard to the admission-denial of the documents. Put for filing the same on 16.12.2016. (VEENA RANI) Addl. District Judge -04 PHC, New Delhi 21.10.2016

orderdate Order Date16-12-2016 documents

IN THE COURT OF MS.VEENA RANI :ADDL. DISTRICT JUDGE, PATIALA HOUSE COURTS,NEW DELHI No. 55470 of 2016 Title: Ultratech Cement Vs. Toni Malik 16.12.2016 Present: Sh. Ankur Manchanda, Ld. Counsel for the plaintiff with AR Pawan Gutpa. Ld. Counsel for the defendant. Some time sought by the counsel for the defendant for filing affidavit with regard to the admission-denial of the documents. Last and final opportunity is granted to the defendant for filing the same. Case be fixed for filing the affidavit with regard to the admission-denial of the documents and framing of issues on 06.02.2017. ( VEENA RANI ) Additional District Judge-04 PHC, New Delhi/16.12.2016

orderdate Order Date06-02-2017 documents

IN THE COURT OF MS.VEENA RANI :ADDL. DISTRICT JUDGE, PATIALA HOUSE COURTS,NEW DELHI CS No. 55470/16 Title: Ultratech Cement Vs. Toni Malik 06-02-2017 Present : Ld. Counsel for the plaintiff. Ld. Counsel for the defendant. Affidavit with regard to the admission-denial of the documents filed. No document filed by the defendant in support of his WS. Pleadings are complete. From the pleadings of the parties following issues are framed: 1. Whether the plaintiff is entitled for the decree of Rs. 11,47,639/- as prayed for? OPP 2. Whether the plaintiff is entitled for the pendent-lite and future interest on the aforesaid amount at the rate of 18 % per annum? OPP 3. Whether this Court has jurisdiction to entertain the present suit as no cause of action arose within the jurisdiction of this Court ? OPP 4. Relief? No other issue arises or pressed for. Issue no. 3 is treated as preliminary issue. Put up on 10.03.2017 for arguments on preliminary issue and PE. Plaintiff is directed to file the evidence by way of affidavit within 15 days with advance copy to the opposite side. Parties are at liberty to file original documents after exchanging the copies thereof within the said period. ( VEENA RANI ) Additional District Judge-04 PHC, New Delhi/06-02-2017 Judge Code : DL-271

orderdate Order Date10-03-2017 documents

IN THE COURT OF MS.VEENA RANI :ADDL. DISTRICT JUDGE, PATIALA HOUSE COURTS,NEW DELHI No.55470/16 Title: M/s Ultratech Cement Ltd. Vs. Toni Malik 10-03-2017 Present: Sh. V.K. Monga, ld. Counsel for plaintiff. Counsel for defendant. Objection affidavit filed on behalf of the plaintiff against admission denial affidavit filed by the defendant. Copy supplied. Evidenciary affidavit of PW Pawan Gupta filed. Copy supplied. Argument on preliminary issue no:3 heard. Put up for order on the preliminary issue no:3 on 27-04-2017. Parties are directed to file their written synopsis with advance copy to the opposite side. ( VEENA RANI ) Additional District Judge-04 PHC, New Delhi/ Judge Code : DL0271 Date:10-03-2017

orderdate Order Date14-07-2017 documents

IN THE COURT OF MS.VEENA RANI :ADDL. DISTRICT JUDGE, PATIALA HOUSE COURTS,NEW DELHI No.55470 of 16 Title: Ultra Tech Cement Vs. Toni Malik 14-07-2017 Ld. PO has gone for training at Judicial Academy, Dwarka. Present : Ld. Counsel for the plaintiff. Written synopsis filed by Ld. Counsel for the plaintiff. As per directions of Ld. PO Put up on 21.08.2017 for purpose fixed/further proceedings. (Reader/Nazir) 14.07.2017

orderdate Order Date21-08-2017 documents

IN THE COURT OF MS.VEENA RANI :ADDL. DISTRICT JUDGE, PATIALA HOUSE COURTS, NEW DELHI CS No. 55470 of 16 Title : Ultratech Cement Vs. Toni Malik 21-08-2017 Present : None. Written synopsis of the parties are on record. Put up for order on preliminary issue no.3 on 27.09.2017. ( VEENA RANI ) Additional District Judge-04 Judge Code : DL0271 PHC, New Delhi/21.08.2017

orderdate Order Date01-11-2017 documents

IN THE COURT OF MS.VEENA RANI :ADDL. DISTRICT JUDGE, PATIALA HOUSE COURTS, NEW DELHI CS No. 55470 of 16 Title : Ultratech Cement Vs. Toni Malik 01-11-2017 Present : None. Certain clarification required. Put up further argument on 07.12.2017. ( VEENA RANI ) Additional District Judge-04 Judge Code : DL0271 PHC, New Delhi/01.11.2017

orderdate Order Date07-12-2017 documents

IN THE COURT OF SH.CHANDRA SHEKHAR :ADDL. DISTRICT JUDGE, PATIALA HOUSE COURTS, NEW DELHI CS No. 55470 of 16 Title : M/s Ultratech Cement Ltd. Vs. Toni Malik 07-12-2017 Present : Sh. V.K.Monga, Ld. Counsel for the plaintiff. Sh. B.S.Arora, Ld. Counsel for the defendant. Ld. Counsel for the defendant has submitted that he wants to file written submissions with advance copy to the Ld. Counsel for the plaintiff. Put up for arguments on preliminary issue no.3 on 26.02.2018. ( CHANDRA SHEKHAR ) Additional District Judge-04 Judge Code : DL003 PHC, New Delhi/07.12.2017

orderdate Order Date26-02-2018 documents

IN THE COURT OF SH.CHANDRA SHEKHAR :ADDL. DISTRICT JUDGE, PATIALA HOUSE COURTS, NEW DELHI CS No. 55470 of 2016 Title : Ultratech Cement Vs. Toni Malik 26.02.2018 Present : None for the parties. Put up for arguments on preliminary issue no.3 on 08.08.2018. ( CHANDRA SHEKHAR ) Additional District Judge-04 Judge Code : DL0003 PHC, New Delhi/26.02.2018

Final Order Judgement

orderdateOrder Date08-08-2018 documents
IN THE COURT OF SH.CHANDRA SHEKHAR :ADDL. DISTRICT JUDGE, PATIALA HOUSE COURTS, NEW DELHI CS No. 55470 of 2016. Title : Ultratech Cement Ltd. Vs. Toni Malik (now changed to ) Ultratech Cement Ltd. Vs. TSM Constructions 08.08.2018 Present : Sh. V.K.Monga, Ld. Counsel for the plaintiff. Sh. B.S.Arora, Ld. Counsel for the defendant. Ld. Counsel for the defendant has submitted that the title of the suit is in the name of Ultratech Cement Ltd. Vs. Toni Malik but the defendant Toni Malik has already been discharged vide order dated 11.12.2014, therefore, the title of the suit may be changed. Ld. Counsel for the plaintiff has no objection, if the title of the suit is changed. I have considered the submissions and perused the record. Submissions made by the Ld. Counsel for the defendant are correct, therefore, the title of the suit is changed to Ultratech Cement Ltd. Vs. TSM Constructions. I have heard the submission of Ld. Counsel for both the parties, however during the course of arguments, Ld. Counsel for the plaintiff has agreed that this court has no jurisdiction, therefore, the plaint is returned, as per rules to be filed before the appropriate court. Ahlmad is directed to comply the directions, as per rules. File be consigned to record room after due compliance as per rules. ( CHANDRA SHEKHAR ) Additional District Judge-04 Judge Code : DL0003 PHC, New Delhi/08.08.2018