IN THE COURT SH. SUMIT DAS, LD.

ADJ SOUTH SAKET

COURT, SAKET, NEW DELHI
CIVIL SUIT No. 205 OF 2020

IN THE MATTER OF:

D.J. KHERA-HUF ...PLAINTIFF
VERSUS
JIN KAUSHAL EXPORTS AND ANR ...DEFENDANTS

APPLICATION ON BEHALF OF PLAINTIFF UNDER ORDER

XV-A RULE 1 AND 2 READ WITH SECTION 151 OF CODE OF
CIVIL PROCEDURE, 1908 SEEKING DIRECTIONS TO
STRIKE OFF THE DEFENCE OF THE DEFENDANTS DUE TO
DEFAULT IN MAKING PAYMENTS AND NOT COMPLYING
THE ORDER DATED 21.09.2020 OF THE HON’BLE COURT.

NDOH 18.11.20

MOST RESPECTFULLY SHOWETH:

1. That the above noted matter is pending adjudication before

this Hon’ble Court and the NDOH is fixed on 18.11.2020.

2. That this Hon’ble court vide its order dated

21.09.2020 allowed the application of the Plaintiff and directed

the Defendants to pay the total consideration upto Sept20 to

the Plaintiff consisting of the monthly Rent of Rs 70,000/- and

monthly service/hire charges of Rs 65,000/- to the Court,

within one month of the order and subsequent payments of the

Rent and service charges to be made latest by 7th day of each

month. The rent of the flat i.e. Rs 70,000 was to be paid to the

Plaintiff while service charges i.e. Rs 65,000 had to be deposited

in the Court.
3. That the Plaintiff did not received the amount of the Rent i.e.

Rs 70,000/- from the Defendants and charges of service hire

i.e. Rs 65,000/-are also not deposited in the Court.

The Defendants wilfully defaulted the payments which were to

be made and did not complied the order dated 21.09.2020 of

this Hon’ble Court.

4. That the Defendants are regular, habitual and will

full defaulters the conduct of the Defendant can be observed

from the fact:

a) that the Defendant has himself written an apology letter dt

30.9.19 to the Plaintiff while admitting default in payment of

rent of Rs70,000/-for Sep’19.

b) that the defendants have not paid anything on account of

water consumption since inception which now is outstanding

above Rs 3.27 lac and Rs 33.230/- on account of electricity.

c) that inspite of the clear order of the Court he considers it a

trivial matter to disrespect it.

5. That in the event of the default in making the deposits in

terms of the order made under Order XV-A Rules 1, 2 and 3 of

Code of Civil Procedure, 1908 the Court may strike off the

defence of the Defendants.

6. That it is palpable from the conduct of the Defendants that

the Defendants are the habitual and wilful defaulter with mala

fide lintentions The defence of the Defendants may be strike off.

9. That the Plaintiff through the means of this present

application prays that the defence of the Defendants may be

strike off in view of default in making the payment and not

complying the order dated 21.09.2020 of the Hon’ble Court.That

the present application is being made bona fide and in the

interest of justice.

PRAYER

In view of the submissions made above, it is most respectfully

prayed that this Hon'ble Court may be pleased to:

a)Strike off the defence of the Defendants in view of not

paying the rent of the Flat and not complying the order

dated 21.09.2020 of the Hon’ble Court;

b)Pass such other or further orders as this Hon’ble Court

may deem fit and proper in the facts and circumstances of

the case.

Dated: 08.10.2020 through

Place: Delhi Counsel

 IN THE COURT SH. SUMIT DAS, LD. ADJ SOUTH SAKET
COURT, SAKET, NEW DELHI

CIVIL SUIT No. 205 OF 2020

IN THE MATTER OF:

D.J. KHERA-HUF ...PLAINTIFF

VERSUS

JIN KAUSHAL EXPORTS AND ANR ...DEFENDANTS

AFFIDAVIT

I, Dharam Jit Khera, S/o Late Sh. K C Khera, Aged about

72 years R/o B-18, Soami Nagar, New Delhi 110017 do

hereby on solemn affirmation state as under:-

1. That I am the plaintiff in the above noted matter and as

such am well conversant with the facts of the case and

hence I am competent to swear this affidavit.

2. That I have read and understood the contents of the

accompanying application, which has been drafted under

my instructions and I state that the same are true and

correct to my knowledge and nothing material has been

concealed therefrom.

DEPONENT

VERIFICATION

Verified at New Delhi on this ____ day of October,

2020 that the contents of my above affidavit are true and

correct to my knowledge and nothing material fact has

been concealed therefrom.

DEPONENT