Delhi High Court - Orders
Mypreferred Transformation And ... vs Faridabad Implements Pvt Ltd on 7 September, 2022
Author: V. Kameswar Rao
Bench: V. Kameswar Rao
$~14 & 18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 316/2022 & I.A. 11689/2022 and I.A. 11690/2022
MYPREFERRED TRANSFORMATION AND HOSPITALITY PVT
LTD AND ANR ..... Petitioners
Through: Mr. Rajiv Nayar, Sr. Adv. with
Mr.Harsh Kaushik, Mr. Sachin
Akhoury and Mr. Saurabh Seth,
Advs.
versus
FARIDABAD IMPLEMENTS PVT LTD ..... Respondent
Through: Mr. Simran Mehta and Mr. K.B.
Acharya, Advs.
AND
+ OMP (ENF.) (COMM.) 152/2022 & EX.APPL.(OS) 3291/2022
EX.APPL.(OS) 3292/2022 and EX.APPL.(OS) 3293/2022
FARIDABAD IMPLEMENTS PVT LTD ..... Decree Holder
Through: Mr. Simran Mehta and Mr. K.B.
Acharya, Advs.
versus
MYPREFERRED TRANSFORMATION AND HOSPITALITY PVT
LTD & ANR. ..... Judgement Debtors
Through: Mr. Rajiv Nayar, Sr. Adv. with
Mr.Harsh Kaushik, Mr. Sachin
Akhoury and Mr. Saurabh Seth,
Advs.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
ORDER
% 07.09.2022 Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:12.09.2022 12:52:29
1. An issue of limitation has been raised by Mr. Simran Mehta, Adv. for respondent by relying upon the judgment of the Supreme Court in the case of Assam Urban Water Supply and Sewerage Board v. Subash Projects and Marketing Limited, (2012) 2 SCC 624.
2. Mr. Rajiv Nayar, learned Sr. Counsel appearing for the petitioners has relied upon a Judgment of the Division Bench of this Court dated December 1, 2010 in FAO (OS) 503/2007 (and connected matters), titled as Union of India v. M/s. Microwave Communication Ltd. to say that he shall get the benefit of limitation.
3. The Judgment of the Supreme Court being subsequent to the Judgment of the Division Bench of this Court, Mr. Nayar seeks some time to look into the judgment of the Supreme Court as relied upon by Mr. Mehta and make his submissions.
4. The counsel for the judgment debtor shall file balance sheet of the judgment debtor company supported by an affidavit in OMP (ENF.) (COMM.) 152/2022 before the next date of hearing.
5. List on September 28, 2022.
V. KAMESWAR RAO, J SEPTEMBER 7, 2022/jg Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:12.09.2022 12:52:29