Delhi High Court - Orders
Raminder Kaur vs Manmohan Singh & Anr on 19 September, 2023
Author: Prateek Jalan
Bench: Prateek Jalan
$~63
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA 766/2023, CM APPL. 7759/2023, CM APPL. 7762/2023, CM
APPL. 7764/2023 & CM APPL. 47741/2023
RAMINDER KAUR ..... Appellant
Through: Mr. Karan Luthra, Advoctae.
versus
MANMOHAN SINGH & ANR. ..... Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 19.09.2023 CM APPL. 7760/2023 (for exemption) & CM APPL. 7761/2023 (for exemption) Exemption allowed, subject to all just exceptions. The applications stand disposed of.
RFA 766/2023, CM APPL. 7759/2023 (for stay), CM APPL. 7762/2023 (for condonation of delay in filing the appeal), CM APPL. 7764/2023 (for condonation of delay in refiling the appeal) & CM APPL. 47741/2023 (for stay)
1. Issue notice. Notice be served to the respondents/ plaintiffs by all permissible modes, including through learned counsel appearing on their behalf in the Executing Court.
2. The present appeal is directed against a judgment and decree dated 07.04.2022, by which the application of the appellant/defendant for leave to defend the suit was rejected, and the suit filed by the respondent under RFA 766/2023 Page 1 of 2 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/09/2023 at 23:05:28 Order XXXVII of the Code of Civil Procedure, 1908, was decreed for a sum of Rs.10,00,000/-.
3. Mr. Karan Luthra, learned counsel for the appellant, submits that the appellant had raised a triable issue in the application to the effect that the respondent, who is the brother-in-law of the appellant, had invested in the appellant's business. According to the appellant, the cheque in question was stolen from her business premises. It is also submitted that the appellant was in fact in judicial custody on the date when the respondent claims that he was requested to present the cheque.
4. Mr. Luthra further submits, without prejudice to the rights and contentions of the appellant, that she is willing to secure the claim by deposit of title deeds of her immovable property (No. C1/122, Ground Floor, Middle Portion Shop, Janakpuri, Delhi - 110058). However, execution proceedings are ongoing and are next listed on 21.09.2023 for the appointment of a bailiff, pursuant to an order dated 09.08.2023 of the Executing Court.
5. In these circumstances, list the appeal and pending applications on 20.09.2023. Learned counsel for the appellant is permitted to serve learned counsel for the respondents appearing in the Executing Court, and to forward a copy of this order through e-mail and WhatsApp.
6. A copy of the order be given dasti under the signature of the Court Master.
PRATEEK JALAN, J SEPTEMBER 19, 2023/SS/ RFA 766/2023 Page 2 of 2 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/09/2023 at 23:05:28