Delhi High Court - Orders
Smt. Laxmi Gupta And Ors vs Sh. Narendra Gupta on 19 January, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Signature Not Verified
Digitally Signed By:DEVANSHU
JOSHI
Signing Date:20.01.2022 16:01:31
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RSA 10/2022 & CM APPL. 3385/2022
SMT. LAXMI GUPTA AND ORS ..... Appellants
Through: Mr. Anupam Dwivedi, Advocate.
versus
SH. NARENDRA GUPTA ..... Respondent
Through: Ms. Savita Rustogi, Advocate.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 19.01.2022
1. This hearing has been done through video conferencing. CM APPL. 3386/2022 (for exemption)
2. Allowed, subject to all just exceptions. Application is disposed of. CM APPL. 3387/2022 (for exemption)
3. This is an application seeking exemption from filing the complete Trial Court and first Appellate Court record. For the reasons stated in the application, the exemption is allowed.
4. Application is disposed of.
CMAPPL. 3384/2022 (for condonation of delay)
5. This is an application seeking condonation of delay in filing the present appeal. The Supreme Court vide order dated 23rd September 2021 in Misc. Application No. 665/2021 in SMW(C) No. 3/2020 titled In Re:
Cognizance for Extension of limitation, has passed the following direction with regard to the extension of limitation period:
"1. In computing the period of limitation for any suit, appeal, application or proceeding, the period from 15.03.2020 till 02.10.2021 shall stand excluded Consequently, the balance period of limitation RSA 10/2022 Page 1 of 3 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:20.01.2022 16:01:31 remaining as on 15.03.2021, if any, shall become available with effect from 03.10.2021. II. In cases where the limitation would have expired during the period between 15.03.2020 till 02.10.2021, notwithstanding the actual balance period of limitation remaining all persons shall have a limitation period of 90 days from 03.10.2021. In the event the actual balance period of limitation remaining, with effect from 03.10.2021, is greater than 90 days, that longer period shall apply. III. The period from 15.03.2020 till 02.10.2021 shall also stand excluded in computing the periods prescribed under Sections 23 (4) and 29A of the Arbitration and Conciliation Act, 1996, Section 12A of the Commercial Courts Act, 2015 and provisos
(b) and (c) of Section 138 of the Negotiable Instruments Act, 1881 and any other laws, which prescribe period(s) of limitation for instituting proceedings, outer limits (within which the court or tribunal can condone delay) and termination of 5 proceedings..."
6. The impugned order in the present case is of 20th January 2020 and three months time was available to the Appellant to file the appeal, which extended beyond the lockdown period. Thus, for the reasons stated in the application, and in view of the order of the Supreme Court extracted above, the delay in filing the present appeal is condoned.
7. Application is disposed of.
RSA 10/2022 & CM APPL. 3385/2022
8. The present second appeal arises out of the impugned order dated 20th January, 2020 in RCA DJ No. 74/2018 titled Sh. Narendra Gupta v. Smt. Laxmi Gupta & Ors. passed by D&SJ, South Ease, Saket Courts, New Delhi (hereinafter "Appellate Court"). Vide the said order, the appeal prefered by the Respondent herein- Mr. Narender Gupta, against the RSA 10/2022 Page 2 of 3 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:20.01.2022 16:01:31 judgment of the Trial Court dated 25th April 2018 rejecting the suit under Order 7 Rule 11 CPC was allowed. The Appellate Court set aside the judgment of the Trial Court and directed it to proceed with the trial as per law.
9. This appears to be the third round of litigation between the parties with regard to an arbitral award dated 24th May 2009 which has attained finality. The Respondent had also filed a suit bearing No. 627/2014 titled Sh. Narender Gupta v. Smt. Laxmi Gupta which was dismissed. The present suit is the second suit to be filed by the Respondent. The question would be as to whether the second suit is maintainable.
10. Mr. Anupam Dwivedi, ld. Counsel appearing for the Appellant submits that he is unwell and seeks adjournment in the matter. Ms. Savita Rustogi, ld. Counsel appearing for the Respondent submits that the issue relates only to the terrace of the property and the Respondent does not seek reopening of the arbitral award.
11. Let the record of the Trial Court in Civil Suit No. 88/2017 titled Narendra Gupta v. Laxmi Gupta & Ors. before the JSCC-cum-ASCJ-cum- GJ, South East, Saket Courts and the Appellate Court in RCA DJ No. 74/2018 titled Sh. Narendra Gupta v. Smt. Laxmi Gupta before the District & Sessions Judge, South East, Saket Courts, New Delhi be requisitioned for the next date of hearing.
12. Parties to make their submissions on the next date as to whether any substantial question of law arises in this matter.
13. List this matter for hearing on 20th May, 2022.
PRATHIBA M. SINGH, J.
JANUARY 19, 2022/Aman/SK RSA 10/2022 Page 3 of 3