Delhi High Court - Orders
Milan Saini vs Kamal Kumar & Anr on 24 November, 2022
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~8 & 29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 361/2019 & I.A.15453/2022
MILAN SAINI ..... Petitioner
Through: Mr. Ambar Qamaruddin with
Mr.Varun Nischal, Mr. Vaibhav
Mishra and Ms. Harshita Gautam,
Advocates with Mr Milan Saini/
petitioner via video conferencing.
Mr. Gautam Narayan, Amicus Curiae
versus
KAMAL KUMAR & ANR. ..... Respondents
Through: Mr. Anirudh Bakhru with Mr. Ayush
Puri, Mr. Tejaswini Chandrashekhar,
Mr. Umang Tyagi and Mr. Prateek
Kumar Jha, Advocates for R1.
Ms. Kruttika Vijay, Advocate for R2.
+ OMP (CONT.) 1/2017
KAMAL KUMAR ..... Decree Holder
Through: Mr. Anirudh Bakhru with Mr. Ayush
Puri, Ms. Tejaswini Chandrashekhar,
Mr. Umang Tyagi and Mr. Prateek
Kumar Jha, Advocates.
versus
MILAN SAINI ..... Judgement Debtor
Through: Mr. Ambar Qamaruddin with
Mr.Varun Nischal, Mr. Vaibhav
Mishra and Ms. Harshita Gautam,
Advocates with Mr Milan Saini via
video conferencing.
Mr. Gautam Narayan, Amicus Curiae.
Ms. Nidhi Raman CGSC with Mr.
Zubin Singh and Ms. Devika Bajaj,
Advocates for UOI.
Signature Not Verified
Digitally Signed
By:NEERAJ
Signing Date:29.11.2022 O.M.P. (COMM) 361/2019 & OMP (CONT.) 1/2017 Page 1 of 4
15:57:09
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 24.11.2022 CRL.M.A. 19909/2022 in OMP (CONT.) 1/2017 CRL.M.A.19908/2022 in O.M.P. (COMM) 361/2019 Further to what was recorded in order dated 28.09.2022, Mr. Anirudh Bakhru, learned counsel appearing on behalf of Kamal Kumar/respondent No. 1 in O.M.P. (COMM) No. 361/2019 has brought to the notice of this court that in FAO(OS) (COMM) No. 63/2022 filed under section 37 of the Arbitration &Conciliation Act 1996, by way of a challenge to order dated 11.02.2022 made in O.M.P.(COMM) No. 361/2019, an application bearing CM APPL. No. 37435/2022 under section 340 of the Code of Criminal Procedure, 1973 ('Cr.P.C') has been filed against Mr. Siri Chand Saini alias Shri Chand Saini; on which notice has been issued by the Division Bench.
2. A copy of CM. APPL No. 37435/2022 has been handed-up in court.
Let the same be taken on record.
3. Counsel submits that the allegations in the said application are that Mr. Siri Chand Saini @ Shri Chand Saini's signatures appended to the pleadings and documents in the said appeal, are forged. In support of that submission, the applicant has relied inter-alia upon report dated 04.08.2022 rendered by a forensic science laboratory called 'Truth Labs, Delhi', which has been obtained by respondent No. 1.
4. It is Mr. Bakhru's contention that the subject matter of the section 340 of Cr.P.C application pending before the Division Bench is the same as the subject matter of the proceedings in the present applications.
Signature Not Verified Digitally Signed By:NEERAJ Signing Date:29.11.2022 O.M.P. (COMM) 361/2019 & OMP (CONT.) 1/2017 Page 2 of 4 15:57:09Mr.Bakhru further submits that in the proceedings before the Division Bench, Mr. Siri Chand Saini @ Shri Chand Saini has appeared and has taken the same defence, viz. that the signatures appended to the various affidavits and pleadings before the Division Bench are his own; however the Division Bench has not yet recorded any statement in that behalf.
5. In this view of the matter it is Mr. Bakhru's contention that further proceedings in the present applications be deferred, awaiting the decision by the Division Bench. Mr. Bakhru says that report dated 04.08.2022 rendered by Truth Labs filed in the present proceedings has also been relied upon in the proceedings before the Division Bench.
6. Upon a query raised by the court, counsel fairly submits that there is no 'stay' by the Division Bench of the proceedings in the present applications, since the present applications were filed subsequently.
7. In order dated 28.09.2022 in the present proceedings, the submissions/statements of Mr. Siri Chand Saini as well as Mr. Milan Saini were recorded, the latter being the person who authorized Mr. Siri Chand Saini as his Special Power of Attorney holder to sign the affidavits and pleadings in the present proceedings.
8. Counsel appearing for Mr. Siri Chand Saini and Mr. Milan Saini was also heard on the matter; as was Mr. Gautam Narayan, learned Amicus Curiae appointed by the court.
9. Arguments on these applications are heard.
10. Judgment is reserved.
Signature Not Verified Digitally Signed By:NEERAJ Signing Date:29.11.2022 O.M.P. (COMM) 361/2019 & OMP (CONT.) 1/2017 Page 3 of 4 15:57:09O.M.P. (COMM) 361/2019 O.M.P.(CONT.) 1/2017
11. Re-notify on 25th January 2023.
ANUP JAIRAM BHAMBHANI, J NOVEMBER 24, 2022 ds Signature Not Verified Digitally Signed By:NEERAJ Signing Date:29.11.2022 O.M.P. (COMM) 361/2019 & OMP (CONT.) 1/2017 Page 4 of 4 15:57:09