Professional Documents
Culture Documents
CC No.: 533317/16
30.11.2016
Previous cost has been partly paid on behalf of the accused persons
to the complainant. The remaining amount of Rs. 500/- be paid by the next
date.
(Amrita Tonk)
MM -(NI Act)-Central-01/THC/Delhi
30.11.2016 KS
CC No.: 533317/16
01.04.2017
(Manika)
1st Link, MM/Central/THC/Delhi
01.04.2017 KS
CC No.: 533317/16
30.05.2017
(Manika)
1st Link, MM/Central/THC/Delhi
30.05.2017 KS
CC No. 533317/16
22.11.2017
Present : AR of complainant with counsel, Sh. Vinod Khanna.
Accused no. 4 with counsel, Sh. S.P. Dullar.
Accused no. 6 with counsel, Sh. Pankaj.
Accused no. 3 and 5 are permanently exempted.
Accused no. 2 is stated to be in JC in some other matter.
Sh. S.P. Dullar, Ld. Counsel for accused no. 3 & 5 also.
Undertaking as per directions of last date of hearing of accused no. 3 and
5 not filed. Let the same be filed till the next date of hearing, otherwise order of
permanent exemption would be canceled by the court on NDOH.
Submissions of counsel for accused no. 6 on his application for discharge
in this matter heard.
Submissions of counsel for complainant side on said application also
heard.
There are specific evernments made in the complaint as to the
involvement of the accused no. 6 in the whole transaction between complainant side and
accused side, so in the opinion of this court, the case of the complainant side is
primafacie covered u/s 141(2) of NI Act. Hence, no ground is made out for discharge of
accused no. 6, therefore application of accused no. 6 stands rejected.
Accused no. 2 Manish is stated to be in JC in some matter, PS Amar
Colony and is stated to be lodged in Tihar, Jail no. 9.
Let production warrant of accused no. 2 Manish be issued for NDOH.
Be put up for consideration on 09.01.2018.
(Harvinder Singh)
MM01(NI Act)Central/THC/Delhi
22.11.2017
Kay Ess Enterprises Vs. S. D. Infosys
C.C.No.533317/2016
09.01.2018
Today, I am also working as Link MM.
Present : Sh. Shivram Sharma, Ld. Counsel alongwith AR of the complainant.
Sh. Pankaj Kotra, Ld. Counsel for the accused no.03 and 05.
Accused no.03 and 05 are on permanent exemption through Ld. Counsel.
Sh. Mudit Jain, Ld. Counsel alongwith the accused no.02 and 04.
Accused no.02 to 05 are representing accused no.01 in this matter.
Ld. Counsel for the accused no.03 and 05 moved an application on behalf of
accused persons for exemption from personal appearance of the accused persons and has
sought an adjournment to file undertaking as per directions of LDOH.
It is submitted by complainant side that on LDOH last and final opportunity
was granted to the accused no.03 and 05 to file said undertaking and matter be proceeded
further.
Submissions of both sides considered.
Since it is pleaded that main counsel for the accused no.03 and 05 fell ill,
therefore, this Court is inclined to grant adjournment to file undertaking as per directions of
LDOH.
Put up the matter for abovesaid purpose/consideration on notice on
24.01.2018.
(HARVINDER SINGH)
M.M.01(N.I.Act)/Central,
THC/Delhi/09.01.2018
Kay Ess Enterprises Vs. S. D. Infosys etc.
C.C.No.533317/2016
24.01.2018
Today, I am also working as Link MM.
Present : Sh. Vinod Khanna, Ld. Counsel alongwith the complainant.
Accused no.03 and 05 are already on permanent exemption through Ld.
Counsel Ms. Chander Prabha.
Ms. Chander Prabha, Ld. Counsel alongwith the accused no.02 and 04.
Sh. Pankaj, Ld. Counsel alongwith the accused no.06.
Accused no.02 is representing accused no.01 in this matter.
Today, matter is fixed for filing undertakings on behalf of accused no.03 and
05 as per judgment of Hon'ble Supreme Court of India in matter of “M/s Bhaskar
Industries Ltd. Vs. M/s Bhiwani Denim and Apparels Ltd.”, AIR 2001 Supreme Court
3625, however, applications for permanent exemption submitting same undertakings filed by
Ld. Counsel for the accused no.03 and 05. Since the undertakings are not as per abovesaid
judgment, therefore, Ld. Counsel for the accused no.03 and 05 is directed to file their
undertakings as per directions in said judgment and accused no.03 and 05 are burdened with
cost of Rs.5,000/ in total to be paid to the complainant side on NDOH for delaying the
matter.
Accused no.02 shall also file his authority letter for representing accused no.01
in this matter on NDOH.
Put up the matter for payment of cost/furnishing abovesaid
undertakings/consideration on notice on 16.03.2018.
(HARVINDER SINGH)
M.M.01(N.I.Act)/Central,
THC/Delhi/24.01.2018
Kay Ess Enterprises Vs. S. D. Infosys etc.
C.C.No.533317/2016
16.03.2018
Ld. PO is on leave today.
Present : Ld. Counsel alongwith AR of the complainant.
Ld. Counsel alongwith the accused.
Put up the matter consideration on notice on 03.07.2018.
(SONAM SINGH)
Link M.M./Central/THC,
Delhi/16.03.2018
CC No. 533317/16
03.07.2018
Present : AR of the complainant with Ld. Counsels.
Accused no. 2 and 4 with Ld. Counsel, Ms. Chander Prabha.
Sh. Pankaj, Ld. Counsel for accused no. 6.
Accused no. 3 and 5 are on permanent exemption.
Undertakings filed on behalf of accused no. 3 and 5 as per previous
directions. Same are taken on record.
Applications for dropping of proceedings filed on behalf of accused
no. 3 and 4. Copy is supplied to the complainant.
Previous cost of Rs. 2500/ paid by accused side to complainant.
Acknowledgment of same is taken on last order sheet. Let remaining cost of Rs.
2500/ be paid on NDOH.
Be put up for filing reply to the applications filed on behalf of
accused no. 3 and 4/ consideration on 14.08.2018 at 12:30 pm.
(Harvinder Singh)
MM01(NI Act)Central/THC/Delhi
03.07.2018
CC No. 533317/16
Kay Ess Enterprises Vs. S.D. Infosys & Ors.
14.08.2018
Today, I am also looking after the work of Ld. ACMM, Central.
Present : AR of the complainant with Ld. Counsel, Sh. Vinod Khanna.
Accused no. 6 with Ld. Counsel.
Accused no. 2 & 4 with Ld. Counsel, Ms. Chander Prabha.
Other accused persons are already on permanent exemption.
Previous cost of Rs. 2500/ is paid by the accused side to the
complainant side. No cost remains to be paid now from any side.
Today, matter is fixed for reply and arguments to the applications
of accused no. 3 and 4 by the complainant side.
Ld. Counsel for complainant seeks time for filing reply and
arguments to the above said applications till next date of hearing. Time granted
for filing reply and arguments to the same till next date of hearing.
Be put up for purpose fixed/ further proceedings on 10.12.2018.
(Harvinder Singh)
MM01(NI Act)Central/THC/Delhi
14.08.2018
CC No. 533317/16
10.12.2018
Today, I am also looking after the work of Ld. Link MM, Sh. Ashok Kumar.
Present : AR of the complainant with Ld. Counsel.
Accused no. 2 with Ld. Counsel, Sh. Deepak Katal.
Accused no. 2 is also representing accused no. 1 in this matter.
Accused no. 3 and 5 already on permanent exemption.
Accused no. 4 in person.
Accused no. 6 with Ld. Counsel.
Reply to the application of accused no. 3 for dropping proceedings
is filed by complainant side. Copy of the same is supplied to accused side.
An application for dropping proceedings is filed by accused no. 6.
Copy of the same is supplied to the complainant side.
Part submissions on above said applications heard.
Be put up for further arguments on above said applications on
05.02.2019. Let affidavit of accused persons except accused no. 6 be filed on
date fixed and accused no. 1 being proprietorship concerned for accused no. 5.
(Harvinder Singh)
MM01(NI Act)Central/THC/Delhi
10.12.2018
CC No. 533317/16
05.02.2019
Today, no regular stenographer is present in the court.
Present : Counsel for complainant.
Accused no2 and 4 with counsel.
Accused no. 6 with counsel.
Accused no. 3 and 5 are already on personal exemption and being
representing by Sh. D.M. Bhalla, advocate.
Counsel for accused no2 and 4 submits that some more time is
required to file affidavit in compliance of order dated 10.12.2018.
It is further submitted that an application for discharge of accused
no. 3 and 4 have already been moved. Counsel for complainant submits that
reply to the same has already been filed.
Counsel for accused no6 submits that an application for discharge
of accused no6 has also been moved. Copy has already been received by
counsel for complainant.
Counsel for complainant seeks some time to file reply to the same.
Reply, if any, be filed before the next date of hearing with advance copy to the
opposite side. Last opportunity granted to both the parties to take appropriate
steps and comply with the previous order.
Put up for consideration of both the said applications on
22.04.2019.
(Prigya Gupta)
MM01(NI Act)Central/THC/Delhi
05.02.2019
CC no. 533317/16
Kay Ess Entp. Vs S D Infosys
22/04/2019
Case has been received by way of transfer. It be checked and registered.
Present: None for complainant.
Accused no. 2, 4 & 6 in person.
Accused no. 3 & 5 are permanently exempted.
Ms. Chandra Prabha Counsel for all accused except accused no. 6.
Discharge application on behalf of accused no. 3 & 4 has already
been moved. Accused no. 6 submits that his discharge application is also pending.
Counsel for accused no. 3 & 4 submits that she shall place on record
the affidavit in support of discharge application. Copy of the same be supplied to the
complainant during the course of the day.
Accordingly, be put up for arguments on discharge on 07/06/2019.
(Tapasya Agarwal)
MM (NI Act)05 Central District/Delhi
22/04/2019
CC no. 533317/2016
Kay Ess Enterprises Vs. S D Infosys
07/06/2019
Present: Complainant in person with counsel.
Accused no. 1 is company.
Accused no. 3 and 5 are permanently exempted.
Accused no. 2 and 4 in person with counsel.
Accused no. 6 in person along with counsel.
Counsel for complainant has already filed reply to the discharge application filed on
behalf of accused no. 3 and 4. Copy be supplied today itself during the course of day. Ld.
counsel for accused has supplied contact number to counsel for the complainant for facilitation
of the same.
Counsel for the accused no. 6 states that his application for discharge has already
been dismissed by the Ld. Predecessor of this court. However, he has filed another application
for discharge on fresh ground. Counsel for accused is directed to substantive his application
with authorities as to whether a fresh application on discharge is maintainable.
Put up for arguments on the application on discharge on 19.07.2019.
(Tapasya Agarwal)
MM (NI Act)05 Central District/Delhi
07/06/2019
CC no. 533317/2016
Kay Ess Enterprises Vs. S D Infosys
19/07/2019
Present: AR of complainant with counsel.
Counsel for accused no. 2, 3, 4 & 5.
Reply to the application of accused no. 6 seeking discharge have been filed
by the complainant.
Arguments heard on discharge application filed on behalf of accused no. 2, 3,
& 4.
Put up for orders on 17/08/2019.
(Tapasya Agarwal)
MM (NI Act)05 (C)/THC/Delhi
19/07/2019
CC no. 533317/2016
Kay Ess Enterprises Vs. S D Infosys
17/08/2019
Ld. Presiding Officer is on leave today.
Present: Complainant in person with counsel.
Accused no. 2, 4 and 6 in person with counsel.
Put up for purpose fixed on 31.08.2019.
(Abhilash Malhotra)
Link MM/Delhi
17/08/2019
CC No. 533317/2016
KAY ESS ENTERPRISES Vs. S D INFOSYS
31/08/2019
Ld. Presiding Officer is on training.
Present: Complainant in person.
Accused no. 2, 4 and 6 in person.
Put up for purpose fixed on 07.09.2019.
(Shama Gupta)
2nd Link MM/Delhi
31/08/2019
CC no. 533317/2016
Kay Ess Enterprises Vs. S D Infosys
07/09/2019
Present: Counsel for complainant.
Accused no. 2 & 6 in person with their respective counsels.
Accused no. 3 & 5 are permanently exempted.
Statement of accused no. 2 Manish Chawla has been recorded in the court
today whereby he has stated on oath that accused no. 1 is a proprietoship firm and he was
neither the proprietor nor partner of the said firm at the relevant time i.e. year 2011.
In view of the statement of accused no. 2 tendered in the court today, in all
fairness counsel for complainant has dropped proceedings against accused no. 2 & 4.
Cousnel for complainant seeks sometime to verify the role of accused no. 6,
who states that he is ready to tender his statement regarding the fact that he was not the
proprietor of accused no. 1 at the relevant date. Further cousnel for accused no. 2 to 5 has
stated that accused no. 5 who is now mentally unsound / person of unsound mind was
proprietor of accused no. 1 on the relevant date. Thus, proceedings should only to be continue
against accused no. 5.
Counsel for complainant seeks sometime to verify role of accused no. 3 & 5
and also seek instruction from the complainant.
Put up for consideration / framing of notice on 25/10/2019.
(Tapasya Agarwal)
MM (NI Act)05 (C)/THC/Delhi
07/09/2019
CC no. 533317/2016
Kay Ess Enterprises Vs. S D Infosys
25/10/2019
Present: Counsel for complainant.
Accused no. 6 in person.
Accused no. 3 & 5 are permanently exempted.
On the last date of hearing proceedings were dropped against accused
no. 2 & 4.
Counsel for complainant seeks some more time to verify status of
accused no. 1 firm / proprietorship.
In the interest of justice, time is granted.
Put up on 09/01/2020.
(Tapasya Agarwal)
MM (NI Act)05 (C)/THC/Delhi
25/10/2019
CC no. 533317/2016
Kay Ess Enterprises Vs. S D Infosys
09/01/2020
Ld. Presiding Officer is on leave today.
Present: Counsel for complainant.
Accused no. 6 in person.
Put up for purpose fixed on 13/04/2020.
(Abhilash Malhotra)
Link MM//Delhi
09/01/2020
55 CC No. 533317/2016
KAY ESS ENTERPRISES Vs. S D INFOSYS
25.08.2020
26/DHC/2020 dated 30/07/2020, all matters are being taken up through video
conferencing.
dated 06/08/2020 issued by Hon'ble High Court of Delhi, no adverse order is being
passed today.
(Tapasya Agarwal)
MM05(NI Act), (C)/THC/DELHI
25.08.2020
47 CC No. 533317/2016
KAY ESS ENTERPRISES Vs. S D INFOSYS
13.10.2020
06/08/2020 issued by Hon'ble High Court of Delhi, no adverse order is being passed today.
Present: None for both the parties.
Put up for purpose fixed on 06.01.2021.
(Tapasya Agarwal)
MM05(NI Act), (C)/THC/DELHI
13.10.2020
55 CC No. 533317/2016
KAY ESS ENTERPRISES Vs. S D INFOSYS
06.01.2021
In view of the directions contained in letter no. 249/RG/DHC/2020 dated
06/08/2020 issued by Hon'ble High Court of Delhi, no adverse order is being passed
today.
Via video conferencing.
The undersigned is also working as Link MM.
Present: None for both the parties.
Put up for purpose fixed on 24.02.2021.
(Sakshi Jaiswal)
MM05(NI Act), (C)/THC/DELHI
06.01.2021
66 CC No. 533317/2016
KAY ESS ENTERPRISES Vs. S D INFOSYS
24.02.2021
06/08/2020 issued by Hon'ble High Court of Delhi, no adverse order is being passed
today.
Via video conferencing.
Present: None for both the parties.
Issue court notice to the complainant to appear before the court on
29.04.2021.
(Sakshi Jaiswal)
MM05(NI Act), (C)/THC/DELHI
24.02.2021
72 CC No. 533317/2016
KAY ESS ENTERPRISES Vs. S D INFOSYS
23.09.2021
Present: None for complainant.
Report on court notice issued to complainant received back.
Put up for consideration on 20.12.2021.
(Sakshi Jaiswal)
MM05(NI Act), (C)/THC/DELHI
23.09.2021
69 CC NO. 533317/2016
KAY ESS ENTERPRISES VS. S D INFOSYS
20.12.2021
The undersigned is also working as Duty MM.
Present: AR for complainant with counsel.
None for accused no. 6 despite repeated calls.
Accused no. 2 and 4 already dropped by the complainant.
Accused no. 3 and 5 are permanently exempted. However, none
has been appearing on behalf of accused no. 3 and 5.
Issue notice to accused no. 3 and 5, on filing of PF for next date
of hearing.
Let BW in the sum of Rs. 5,000/ with one surety of like amount
be issued against accused no. 6 on filing of P.F. within 07 days returnable on
07.02.2022.
(Sakshi Jaiswal)
MM05(NI Act), (C)/THC/DELHI
20.12.2021
55 CC No. 533317/2016
KAY ESS ENTERPRISES Vs. S D INFOSYS
07.02.2022
Present: Complainant in person with counsel.
Accused no. 6 in person with counsel.
None for accused no. 3 & 5.
Report of court notice issued against accused no. 3 & 5 received.
Put up for consideration on 24.03.2022.
(Sakshi Jaiswal)
MM05(NI Act), (C)/THC/DELHI
07.02.2022
77 CC No. 533317/2016
KAY ESS ENTERPRISES Vs. S D INFOSYS
24.03.2022
Present: Complainant in person with counsel.
Accused no. 6 in person with counsel.
Court notice issued to accused no. 3 & 5 received back earlier.
Perused.
Perusal of the file shows that accused no. 3 & 5 have already
entered appearance and were permanently exempted from appearance. However,
none has appeared on behalf of accused no. 3 & 5 from last several dates.
Issue NBW against accused no. 3 & 5, on filing of P.F. within 07
days returnable on NDOH.
Further court notice be also issued against counsel for accused
no. 3 & 5 for NDOH.
Further an application for discharge of accused no. 6 is pending.
Counsel for accused no. 6 submits that he wishes to withdraw the
aforesaid application. Accordingly, the application is dismissed as withdrawn.
Put up on 18/05/2022.
(Sakshi Jaiswal)
MM05(NI Act), (C)/THC/DELHI
24.03.2022
52 CC NO. 1755/2016 533317/2016
KAY ESS ENTERPRISES Vs. S D INFOSYS
18.05.2022
Present: Counsel for complainant.
Accused No.6 with counsel.
Report of NBW's issued against the accused No. 3 & 5 received back.
Perused.
Issue fresh NBW against accused No.3 & 5 through DCP concerned, on filing of
P.F. within 07 days returnable on 30.08.2022.
(Sakshi Jaiswal)
MM05(NI Act), (C)/THC/DELHI
18.05.2022
CC no. 533317/2016
KAY ESS Enterprises vs S.D. Infosys & Ors.
23.08.2022
File taken up today on application for cancellation of NBW moved on
behalf of accused no. 3 & 5.
Present: Counsel for accused.
Heard. Application perused.
stayed till NDOH. Robkar be issued accordingly. Present address of the accused no. 3 & 5
filed. Taken on record.
Now to come up on date fixed i.e. 30/08/2022.
(Sakshi Jaiswal)
MM05(NI Act), (C)/THC/DELHI
23.08.2022
50 CC no. 533317/2016
KAY ESS ENTERPRISES Vs. S D INFOSYS
30.08.2022
Present: Complainant in person with counsel.
Accused no. 3 & 6 in person with counsel.
It is submitted that accused no. 5 Sushil Chawla could not be present as she is
not well and she is of mentally unsound mind. Medical documents filed in support of the
submissions.
Issue notice to concerned SHO to verify the documents and file report on
NDOH. Also issue notice to Dr. Shiv Prasad Associate Professor, Department of
psychiatry and Drug deaddiction Centre, LHMC, and Smt. S.K. Hospital New Delhi
to appear before the court and apprise the court with regard to health of Sushil
Chawla. Copy of this order be sent along with notice.
It is submitted that accused no. 3 is having fever and requested that she be
discharged for today. Allowed.
Matter is more than 10 years old. Accused no. 3 is directed to appear on
NDOH for framing of notice against her.
Put up for framing of notice on 06/10/2022 at 02:00 p.m. Date is given at the
request of counsel for accused no. 3 & 6.
(Sakshi Jaiswal)
MM05(NI Act), (C)/THC/DELHI
30.08.2022
23Ct. Cases1755/2016
533317/2016
KAY ESS ENTERPRISES Vs. S D INFOSYS
(Darya Ganj)
14.12.2022
(Chandra Bose)
Presiding Officer, Special Court
(NI-Act)/Central/THC
Delhi/14.12.2022
21. Ct. Cases 1755/2016 533317/2016
Day Ess Enterprises Vs. S.D. Infosys
Darya Ganj
23.01.2023
Heard.
It is submitted by Ld. Counsel for accused no.1,3 and
5 that accused no.1 is not Partnership Firm and is Proprietorship
concern.
Now the case is adjourned for consideration of notice
U/S 251 Cr. PC on 29.04.2023.
(Chandra Bose)
Presiding Officer, Special Court
(NI-Act)/Central/THC
Delhi/23.01.2023
1Ct. Cases1755/2016
533317/2016
KAY ESS ENTERPRISES Vs. S D INFOSYS/0 (Darya Ganj)
29.4.2023
Pr: Ld.counsel for complainant
Ld. Counsel for all the accused persons except accused no.6
Accused no.2 and 4 are already dropped.
Ld.counsel for accused no.6 along with accused no.6
Accused no.1 is partnership firm (objected toby ld.counsel for
accused.)
Accused no.3 and 5 are permanently exempted.
Application already on record on behalf of accused no.3 and 5 for
discharge are dismissed as there is no ground for discharge.
Accused no.3 and 5 are directed to be present on the next date for
framing of notice.
Now to come up on 29.5.2023 for framing of notice at 12 p.m.
(CHANDRA BOSE)
Presiding Officer, Special court
(NIAct)/Central/THC
Delhi / 29.4.2023
3Ct. Cases1755/2016
533317/2016
KAY ESS ENTERPRISES Vs. S D INFOSYS/0 (Darya Ganj)
29.5.2023
Pr: Ld.counsel for complainant along with AR of complainant
Ld.counsel for accused persons.
Accused no.1 is partnership firm.
Ld. Counsel for Accused no. 1,3 and 5
Accused no.4 is dropped
Ld.counsel for accused no.6 along with accused no.6
Accused no.3 and 5 are absent
Separate Exemption applications have been moved on their behalf. Copy be given.
I have heard and considered the arguments of ld.counsel for complainant and
ld.counsel for accused no. 3 and 5 on the applications for exemption of accused no.3 and
5.
The case is at the stage of framing of notice. It is pending for this purpose for
long time. The accused no. 3 and 5 were directed to be present today for framing of
notice. Instead of appearing today. they have filed exemption applications. Therefore, I
am of the view that there is no ground for allowing exemption applications and the
applications are dismissed. Issue NBWS against both accused no.3 and 5 and notice u/s
446 Cr.PC to their sureties to produce them on the next date of hearing.
Now to come up on 10.7.2023 a 2 p.m. for appearance of accused persons
and framing of notice.
(CHANDRA BOSE)
Presiding Officer, Special court
(NIAct)/Central/THC
Delhi / 29.5.2023