Delhi High Court - Orders
Courtesy Honda vs Priority Builders And Developers ... on 23 September, 2022
$~5.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA 401/2022 and C.M. No. 37862/2022 (stay)
COURTESY HONDA ..... Appellant
Through: Mr. Rakesh Wadhwa, Advocate.
versus
PRIORITY BUILDERS AND DEVELOPERS
PRIVATE LIMITED & ANR. ..... Respondents
Through: Mr. Dinesh C. Pandey, Mr. Gorav
Arora and Mr. Dushyant Dahiya,
Advocates for respondent No. 1.
CORAM:
HON'BLE MR. JUSTICE GAURANG KANTH
ORDER
% 23.09.2022
1. The hearing has been conducted through hybrid mode (physical and virtual hearing).
2. The appellant is aggrieved by the judgment and decree dated 08.04.2022 passed by the Additional District Judge-01, South East District, Saket Courts, New Delhi in CS No. 1511/2017 titled as Priority Builders & Developers Pvt. Ltd. Versus Honda Siel Cars India Ltd. & Anr.
3. Learned counsel for the appellant submits that the learned Trial Court has erroneously decreed the suit filed by respondent No. 1 under Order XII Rule 6 CPC, 1908. It is the submission of learned counsel for the appellant that appellant offered the proposed 'settlement buy-back value' to respondent No. 1 during the year 2007 with an intention to amicably settle Signature Not Verified Digitally Signed By:RITU DHIRANIA Signing Date:27.09.2022 15:00:29 the disputes between the parties. However, respondent No. 1 refused to accept the said offer and hence, the said compromise did not take place.
4. Learned counsel for the appellant contends that the learned Trial Court erred in interpreting the said 'offer' as an 'admission'. He further submits that the service of notice was not properly effected on them and hence, they could not represent themselves before the learned Trial Court.
5. The present matter requires consideration.
6. Issue notice.
7. Mr. Dinesh C. Pandey, Advocate appears on advance notice and accepts the same on behalf of respondent No. 1.
8. Let notice be issued to respondent No. 2 by all permissible modes, including electronic mode and dasti, returnable on 14.03.2023.
9. Subject to the appellant depositing the entire decreetal amount with the Registrar General of this Court within a period of three weeks, the operation of the impugned judgment shall remain stayed.
GAURANG KANTH, J SEPTEMBER 23, 2022 kd Signature Not Verified Digitally Signed By:RITU DHIRANIA Signing Date:27.09.2022 15:00:29