IN THE COURT OF DISTRICT JUDGE (COMMERCIAL),

PATIALA HOUSE COURTS, NEW DELHI

I.A. NO _____ OF 2024
IN
COUNTER CLAIM/19/2023

IN THE MATTER OF:

M/S PEAK TRADERS …PLAINTIFF

VERSUS

M/S SGDC INDIA PRIVATE LIMITED

& ORS.
…DEFENDANTS

INDEX [NDOH: 17.08.2024]

S. No. Particulars Page
No.
1. Application under Section 151 of the Code of Civil
Procedure, 1908 for early hearing of counterclaim.

THROUGH COUNSELS

ANURAAG IYER/TANYA MITTAL

COUNSEL FOR THE COUNTERCLAIMANT

Date: 31.05.2024
Place: New Delhi
 IN THE COURT OF DISTRICT JUDGE (COMMERCIAL),
PATIALA HOUSE COURTS, NEW DELHI
I.A. NO _____ OF 2024
IN
COUNTER CLAIM/19/2023

IN THE MATTER OF:

M/S PEAK TRADERS …PLAINTIFF

VERSUS

M/S SGDC INDIA PRIVATE LIMITED &

ORS.
…DEFENDANTS

APPLICATION SEEKING EARLY HEARING UNDER SECTION 151 OF

THE CODE OF CIVIL PROCEDURE, 1908 FOR COUNTERCLAIM.

1. The instant application is being filed in relation to the captioned

matter. In the captioned matter, an application bearing No. [•] has
been moved before this Court seeking withdrawal of counterclaim
(“Withdrawal Application”). The said application has been listed
for adjudication on 17 August 2024 by order dated 29 May 2024 of
this Hon’ble Court. By way of this application, the counterclaimant
seeks early listing of the application for withdrawal.

2. The captioned counterclaim of the Defendants has been pending

since over a year. In case, the withdrawal application is not heard
immediately and disposed then the Defendants may face issues of
limitation in filing a fresh suit for which liberty has been sought in
the aforesaid Withdrawal Application filed before this Hon’ble
Court.
 3. This Hon’ble Court has not yet issued notice in the counterclaim
and accordingly no prejudice shall be caused in case the
Withdrawal Application is heard and disposed of.

4. In view thereof, the present application is being preferred for

bonafide purposes and there would no prejudice caused to the
Plaintiff in case the same is allowed by this Hon’ble Court.

PRAYER
In view of the above facts and circumstances of the present
application, it is humbly prayed that this Hon’ble Court may be
pleased to allow and direct as follows:

A. List Counterclaim No. 0019/2023 on an early date for

efficacious adjudication for captioned matter; and

B. Pass any such other order or order (s) as may be deemed fit and
proper in the extra ordinary circumstances of the case.

THROUGH COUNSELS

ANURAAG IYER/TANYA MITTAL

COUNSEL FOR THE COUNTERCLAIMANT

Date: 31.05.2024
Place: New Delhi