Delhi High Court - Orders
Shri Srinivasan Ganesh vs Baroda Cricket Association on 25 April, 2023
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~51
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 658/2023
SHRI SRINIVASAN GANESH ..... Petitioner
Through: Mr. Jayant K Mehta, Sr. Advocate
with Dr. Amit George, Mr. Alex
Josph and Mr. Alan Sabu, Advocates
versus
BARODA CRICKET ASSOCIATION ..... Respondent
Through: None
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 25.04.2023 [ The proceeding has been conducted through Hybrid mode ]
1. The petitioner challenges the order dated 06.04.2023 passed in CS No. 476/2022 titled Shr Srinivasan Ganesh vs. Baroda Cricket Association, whereby the learned Trial Court had granted conditional leave to defend to the respondent/defendant by directing it to deposit by way of bank guarantee a sum of Rs.20 Lakh within 30 days from the date of the order.
2. Mr. Jayant K Mehta, learned senior counsel appearing for the petitioner submits that the reasoning, though predicated on the judgments of the Hon'ble Supreme Court, however are not appropriate in the facts and circumstances of the case, inasmuch, as the manner in which the bills are raised in respect of a designated Senior Advocate through the Advocates-on- Record, particularly in respect of Senior Advocates practising in the Hon'ble Signature Not Verified Digitally Signed By:VINOD KUMAR Signing Date:01.05.2023 13:29:48 Supreme Court, there could be no privity of contract between the Senior Advocates, like the present petitioner, with the respondent/defendant.
3. Mr. Mehta, learned senior counsel also submits, by law, they are precluded from having any such relation, which may also entail disqualification in case any such privy is established. Having that in regard, learned senior counsel submits that the impugned order granting conditional leave to defend would be incorrect and, in fact, submits that the learned Trial Court ought to have passed the summary judgment.
4. Issue notice. On petitioner taking steps within a week, notice may be served upon respondent through all permissible modes. Additionally, through learned counsel appearing for the respondents before the learned Trial Court.
5. Reply, if any, be filed within four weeks from the date of service. Rejoinder thereto, if any, be filed within four weeks thereafter.
6. List on 24.08.2023.
7. In the meanwhile, Trial Court record may be requisitioned, digitized and appended with the present petition and thereafter be sent back forthwith.
TUSHAR RAO GEDELA, J APRIL 25, 2023 Aj Signature Not Verified Digitally Signed By:VINOD KUMAR Signing Date:01.05.2023 13:29:48