Altico Capital India Limited vs Sare Gurugram Private Limited & Ors on 18 June, 2020

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Delhi High Court - Orders

Altico Capital India Limited vs Sare Gurugram Private Limited & Ors on 18 June, 2020

Bench: Mukta Gupta

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(COMM) 1319/2018
      ALTICO CAPITAL INDIA LIMITED              ..... Plaintiff
               Represented by: Mr. Akshat Hansaria, Mr. Saurabh
                               Kirpal, Advs.
                    versus

      SARE GURUGRAM PRIVATE LIMITED & ORS...... Defendant
              Represented by: Mr. Rajshekhar Rao, Ms. Pooja
                              Mehra Sehgal, Mr. Amit Singh
                              Chauhan, Mr. Gauri Puri, Mr. Anand
                              Venkatramni, Advs. for D-4.
                              Mr. K. Barua, Adv. for D-6.
                              Mr. Ashim Sood, Mr. Prabhav Shroff,
                              Ms. Apporva Gupta, Mr. Atul Menon,
                              Mr. Rhythm Buriah, Advs. for D-15.
                              Mr. Vijay Nair, Mr. Manoranjan
                              Sharma, Advs. for intervenor Wafra
                              Capital in OA. 23/2020.
      CORAM:
      HON'BLE MS. JUSTICE MUKTA GUPTA
                         ORDER

% 18.06.2020 The hearing has been conducted through Video Conferencing. I.A. 4528/2020 (early hearing by D-4)

1. By this application the defendant No.4 seeks early hearing of I.A. 199/2019 under Order XXXIX Rule 4 CPC for the reason in view of the interim order passed by this Court the defendant No.4 is not in a position to appoint its director and thus he is suffering from consequence of non- compliance with the ROC.

2. Vide order dated 24th February, 2020 an application seeking early CS(COMM) 1319/2018 Page 1 of 3 hearing of I.A. 199/2019 under Order XXXIX Rule 4 CPC filed by defendant No.4 was allowed in view of the urgency involved and along with I.A. 199/2019, this Court also directed listing of I.A. 17846/2019 under Order XXXIX Rule 1&2 CPC by plaintiff, I.A. 17851/2018 under Order VII Rule 14 CPC by D-4, I.A. 10/2020 under Order VII Rule 11 CPC by D-4 and I.A. 281/2020 under Order XXXIX Rule 4 CPC by D-15, considering that the arguments in the applications would be common.

3. However, due to the lockdown, the above noted applications could not be heard. Thus, this Court deems it fit to grant early hearing of I.A. 199/2019 filed by D-4 under Order XXXIX Rule 4 CPC. Besides early hearing of I.A. 199/2019 as noted in the order dated 24 th February, 2020, early hearing of I.A. 17846/2019 under Order XXXIX Rule 1&2 CPC by plaintiff, I.A. 17851/2018 under Order VII Rule 14 CPC by D-4 and I.A. 10/2020 under Order VII Rule 11 CPC by D-4 is also allowed.

4. Learned counsel for the plaintiff states that plaintiff has also filed CCP(O) 5/2019 under Section 12 of the Contempt of Court Act, as the defendant No.4 has already appointed its director. The same is also required to be heard along with these applications.

5. A perusal of the order dated 7th February, 2019 reveals that in CCP(O) 5/2019 a simplicitor notice has been issued and thus at this stage no show cause notice to the receiver of defendant No.4 as to why proceedings under the Contempt of Court be not initiated has been issued as yet.

6. List CCP(O) 5/2019 along with the other applications on 3rd July, 2020 for consideration as to whether a show cause notice to receiver of defendant No.4 is required to be issued as to why proceedings under the Contempt of Court Act be not initiated.

CS(COMM) 1319/2018 Page 2 of 3

7. Learned counsel appearing for the applicant Wafra Capital Partners states that applicant has filed a chamber appeal being O.A. 23/2020 challenging the order of the learned Joint Registrar declining impleadment of the applicant. Whether Wafra is required to be impleaded as a party is thus yet to be considered. Consequently, I.A. 281/2020 filed by defendant No.15 under Order XXXIX Rule 4 CPC seeking that the interim order passed in favour of the plaintiff be also applicable against the defendant No.15, as the defendant No.15 was impleaded after the interim order was passed by this Court will also be considered along with O.A. 23/2020. In the meantime, reply affidavit to this application, if any by the plaintiff and the non-applicant/ defendants, be filed within 10 days. Rejoinder affidavit in three days.

8. List I.A. 281/2020 and O.A. 23/2020 on 3rd July, 2020.

9. In the meantime learned counsel for the applicant in I.A. 4528/2020 will also send a written intimation to learned counsels who appears on behalf of defendant No.1, 2, 3, 5, 7 and 8 in the present suit indicating about the next date of hearing and the order passed by this Court today. Needful be done within two days.

10. I.A. 4528/2020 seeking early hearing by D-4 is disposed of.

11. Order be uploaded on the website of this Court.

MUKTA GUPTA, J.

JUNE 18, 2020 'ga' CS(COMM) 1319/2018 Page 3 of 3

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