Delhi High Court - Orders
Asian Hotels (North) Ltd vs Charu Lodha ` on 5 August, 2020
Author: Rajiv Sahai Endlaw
Bench: Rajiv Sahai Endlaw, Asha Menon
$~VC-1 to 11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA (OS) (COMM) 21/2020, C.M. Nos.17726-17727/2020 &
17729-17731/2020
ASIAN HOTELS (NORTH) LTD. ..... Appellant
Through: Dr. Lalit Bhasin, Ms. Nina Gupta,
Ms. Ratna D. Dhingra, Mr. Chirag
Nassa & Ms. Ananya Marwah,
Advocates.
Versus
CHARU LODHA ` ..... Respondent
Through: Mr. Avishkar Singhvi & Mr. Nipun
Katyal, Advocates.
AND
+ RFA (OS) (COMM) 22/2020, C.M. Nos.17732/2020 &17735-
17738/2020
ASIAN HOTELS (NORTH) LTD. ..... Appellant
Through: Dr. Lalit Bhasin, Ms. Nina Gupta,
Ms. Ratna D. Dhingra, Mr. Chirag
Nassa & Ms. Ananya Marwah,
Advocates.
Versus
TEHMINA SEN ..... Respondent
Through: Mr. Avishkar Singhvi & Mr. Nipun
Katyal, Advocates.
AND
+ RFA (OS) (COMM) 23/2020, C.M. Nos.17744-17748/2020
H.S. NAG AND ORS. ..... Appellants
Through: Mr. Avishkar Singhvi & Mr. Nipun
Katyal, Advocates.
Versus
RFA(OS) (COMM) Nos. 21 to 31/2020 Page 1 of 9
ASIAN HOTELS (NORTH) LTD. ..... Respondent
Through: Dr. Lalit Bhasin, Ms. Nina Gupta,
Ms. Ratna D. Dhingra, Mr. Chirag
Nassa & Ms. Ananya Marwah,
Advocates.
AND
+ RFA (OS) (COMM) 24/2020, C.M. Nos.17750-17754/2020
ASIAN HOTELS (NORTH) LTD. ..... Appellant
Through: Dr. Lalit Bhasin, Ms. Nina Gupta,
Ms. Ratna D. Dhingra, Mr. Chirag
Nassa & Ms. Ananya Marwah,
Advocates.
Versus
SULTAN AHMED .... Respondent
Through: Mr. Dhruv Surana, Ms. Ravina
Sharma & Mr. Ashish Choudhury,
Advocates.
AND
+ RFA (OS) (COMM) 25/2020, C.M. Nos.17756-17760/2020
TEHMINA SEN ..... Appellant
Through: Mr. Avishkar Singhvi & Mr. Nipun
Katyal, Advocates.
Versus
ASIAN HOTELS (NORTH) LTD. ..... Respondent
Through: Dr. Lalit Bhasin, Ms. Nina Gupta,
Ms. Ratna D. Dhingra, Mr. Chirag
Nassa & Ms. Ananya Marwah,
Advocates.
AND
+ RFA (OS) (COMM) 26/2020, C.M. Nos.17763-17767/2020
RAM KRISHAN ASSOCIATES PVT. LTD. ..... Appellant
Through: Mr. Avishkar Singhvi & Mr. Nipun
Katyal, Advocates.
RFA(OS) (COMM) Nos. 21 to 31/2020 Page 2 of 9
Versus
ASIAN HOTELS (NORTH) LTD. ..... Respondent
Through: Dr. Lalit Bhasin, Ms. Nina Gupta,
Ms. Ratna D. Dhingra, Mr. Chirag
Nassa & Ms. Ananya Marwah,
Advocates.
AND
+ RFA (OS) (COMM) 27/2020, C.M. Nos.17770-17774/2020
SITAL DASS SONS ..... Appellant
Through: Mr. Avishkar Singhvi & Mr. Nipun
Katyal, Advocates.
Versus
ASIAN HOTELS (NORTH) LTD. ..... Respondent
Through: Dr. Lalit Bhasin, Ms. Nina Gupta,
Ms. Ratna D. Dhingra, Mr. Chirag
Nassa & Ms. Ananya Marwah,
Advocates.
AND
+ RFA (OS) (COMM) 28/2020, C.M. Nos.17777-17781/2020
SHANTI VIJAY JEWELS ..... Appellant
Through: Mr. Dhruv Surana & Mr. Avishkar
Singhvi, Advocates.
Versus
ASIAN HOTELS (NORTH) LIMITED .... Respondents
Through: Dr. Lalit Bhasin, Ms. Nina Gupta,
Ms. Ratna D. Dhingra, Mr. Chirag
Nassa & Ms. Ananya Marwah,
Advocates.
AND
RFA(OS) (COMM) Nos. 21 to 31/2020 Page 3 of 9
+ RFA (OS) (COMM) 29/2020, C.M. Nos.17783-17787/2020
ASIAN HOTELS (NORTH) LTD. ..... Appellant
Through: Dr. Lalit Bhasin, Ms. Nina Gupta,
Ms. Ratna D. Dhingra, Mr. Chirag
Nassa & Ms. Ananya Marwah,
Advocates.
Versus
SITAL DASS SONS ..... Respondent
Through: Mr. Avishkar Singhvi & Mr. Nipun
Katyal, Advocates.
AND
+ RFA (OS) (COMM) 30/2020, C.M. Nos.17803-17807/2020
SULTAN AHMED ..... Appellant
Through: Mr. Dhruv Surana, Ms. Ravina
Sharma & Mr. Ashish Choudhury,
Advocates.
Versus
ASIAN HOTELS (NORTH) LTD. ..... Respondent
Through: Dr. Lalit Bhasin, Ms. Nina Gupta,
Ms. Ratna D. Dhingra, Mr. Chirag
Nassa & Ms. Ananya Marwah,
Advocates.
AND
+ RFA (OS) (COMM) 31/2020, C.M. Nos.17820-17824/2020
ASIAN HOTELS (NORTH) LTD. ..... Appellant
Through: Dr. Lalit Bhasin, Ms. Nina Gupta,
Ms. Ratna D. Dhingra, Mr. Chirag
Nassa & Ms. Ananya Marwah,
Advocates.
Versus
SHANTI VIJAY JEWELS ..... Respondent
Through: Mr. Dhruv Surana & Mr. Avishkar
Singhvi, Advocates.
RFA(OS) (COMM) Nos. 21 to 31/2020 Page 4 of 9
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
HON'BLE MS. JUSTICE ASHA MENON
ORDER
% 05.08.2020 C.M. No.17727/2020 (Extension of time for and exemption from filing of court fees), C.M. No.17729/2020 (Exemption from filing certified copy of impugned judgement and order and original, true typed and certified copies of the documents, etc.), C.M. No.17731/2020 (Exemption from filing notarised affidavits) in RFA (OS) (COMM) 21/2020) C.M. No.17735/2020 (Extension of time for and exemption from filing of court fees), C.M. No.17736/2020 (Exemption from filing certified copy of the impugned judgement and order and original, true typed and certified copies of the documents, etc.) & C.M. No.17738/2020 (Exemption from filing notarized affidavits) in RFA (OS) (COMM) 22/2020 C.M. No.17745/2020 (Exemption from filing certified copy of the impugned judgement and order), C.M. No.17746/2020 (Extension of time for filing court fees), C.M. No.17747/2020 (Exemption from filing dim/illegible/margin and hand written documents alongwith affidavit), C.M. No.17748/2020 (Exemption from filing notarized affidavits & welfare stamp) in RFA (OS) (COMM) 23/2020 C.M. No. 17751/2020 ((Extension of time for and exemption from filing court fees) C.M. No. 17752/2020 (Exemption from filing certified copy of impugned judgement and order and original, true typed and certified copies of the documents, etc.) C.M. No. 17754/2020 (Exemption from filing notarized affidavits) in RFA (OS) (COMM) 24/2020) C.M. No.17757/2020 (Exemption from filing certified copy of the impugned judgement and order), C.M. No.17758/2020 (Extension of time for filing of court fees), C.M. No.17759/2020(Exemption RFA(OS) (COMM) Nos. 21 to 31/2020 Page 5 of 9 from filing dim/illegible/margin and hand written documents alongwith affidavit), C.M. No.17760/2020 (Exemption from filing notarized affidavits & welfare stamp) in RFA (OS) (COMM) 25/2020 C.M. No.17764/2020 (Exemption from filing certified copy of the impugned judgement and order), C.M. No.17765/2020 (Extension of time for filing of court fees), C.M. No.17766/2020 (Exemption from filing dim/illegible/margin and hand written documents alongwith affidavit), C.M. No. 17767/2020 (Exemption from filing notarized affidavits & welfare stamp) in RFA (OS) (COMM) 26/2020 C.M. No.17771/2020 (Exemption from filing certified copy of the impugned judgement and order), C.M. No.17772/2020 (Exemption from filing dim/illegible/margin and hand written documents alongwith affidavit), C.M. No.17773/2020 (Extension of time for filing of court fees) & C.M. No. 17774/2020 (Exemption from filing notarised affidavits & welfare stamp) in RFA (OS) (COMM) 27/2020) C.M. No.17778/2020 (Exemption from filing certified copy of judgment and order), C.M. No. 17779/2020 (Exemption from filing dim/illegible/margin and hand written documents alongwith affidavit), C.M. No. 17780/2020 (Extension of time for filing of requisite court fees) & C.M. No.17781/2020 (Exemption from filing notarised affidavits and welfare stamp) in RFA (OS) (COMM) 28/2020) C.M. No.17784/2020 (Extension of time for and exemption from filing of court fees), C.M. No.17785/2020 (Exemption from filing certified copy of impugned judgement and order and original, true typed and certified copies of the documents, etc.), C.M. No. 17787/2020 (Exemption from filing notarised affidavits) in RFA (OS) (COMM) 29/2020) C.M. No.17804/2020 (Exemption from filing certified copy of impugned judgement and order), C.M. No.17805/2020 RFA(OS) (COMM) Nos. 21 to 31/2020 Page 6 of 9 (Exemption from filing dim/illegible/margin and hand written documents alongwith affidavit), C.M. No.17806/2020 (Extension of time for filing of requisite court fees) & C.M. No.17807/2020 (Exemption from filing notarised affidavits & welfare stamp) in RFA (OS) (COMM) 30/2020) C.M. No.17821/2020 (Extension of time for and exemption from filing of court fees), C.M. No. 17822/2020 (Exemption from filing certified copy of impugned judgement and order and original, true typed and certified copies of the documents, etc.), C.M. No. 17823/2020 (Exemption from filing decree sheet) & C.M. No.17824/2020 (Exemption from filing notarised affidavits) in RFA (OS) (COMM) 31/2020)
1. Allowed, subject to just exceptions and as per the extant rules.
2. The applications are disposed of.
RFA (OS) (COMM) 21/2020, C.M. No. 17726/2020 (for stay) & CM APPL. 17730/2020 (under Section 8 of Arbitration and Conciliation Act, 1996) RFA (OS) (COMM) 22/2020, C.M. No. 17732/2020 (for stay) & CM APPL. 17737/2020 (under Section 8 of Arbitration and Conciliation Act) RFA (OS) (COMM) 23/2020, C.M. No. 17744/2020 (for ex-parte ad interim injunction) RFA (OS) (COMM) 24/2020, C.M. No. 17750/2020 (for stay) & CM APPL. 17753/2020 (under Section 8 of Arbitration and Conciliation Act) RFA (OS) (COMM) 25/2020, C.M. No. 17756/2020 (for ex-parte ad interim injunction) RFA (OS) (COMM) 26/2020, C.M. No. 17763/2020 (for ex-parte ad interim injunction) RFA (OS) (COMM) 27/2020, C.M. No. 17770/2020 (for ex-parte ad interim injunction) RFA (OS) (COMM) 28/2020, C.M. No. 17777/2020 (for ex-parte ad interim injunction) RFA (OS) (COMM) 29/2020, C.M. No. 17783/2020 (for stay) & CM APPL. 17786/2020 (under Section 8 of Arbitration and Conciliation Act) RFA(OS) (COMM) Nos. 21 to 31/2020 Page 7 of 9 RFA (OS) (COMM) 30/2020, C.M. No. 17803/2020 (for ex-parte ad interim injunction) RFA (OS) (COMM) 31/2020, C.M. No. 17820/2020 (for stay)
3. All the appeals impugn the common judgment dated 21st July, 2020 whereby though the suits filed by the plaintiffs were dismissed on the defendant in the suits namely Asian Hotels (North) Limited invoking Section 8 of the Arbitration and Conciliation Act, 1996, but in the judgment, certain findings were returned against which the defendant in the suits i.e. Asian Hotels (North) Limited has also preferred appeals.
4. Some other appeals, being RFA (OS) (Comm) 12/2020, 13/2020, 14/2020, 15/2020, 16/2020, 17/2020, 18/2020, 19/2020 and 20/2020 with respect to the same judgment had come up before us on 29th July, 2020, when they were admitted and posted for hearing on 24th September, 2020.
5. Admit.
6. Issue notice to the non-appearing respondents, electronically as well as through the counsel/s appearing for them before the Single Judge.
7. List on 24th September, 2020.
8. Till then, the same interim arrangement/order shall continue in these appeals, as in the order dated 29th July, 2020 supra.
9. The counsel for the defendant in the suits i.e. Asian Hotels (North) Limited states that the defendant in the suits i.e. Asian Hotels (North) Limited, in the appeals preferred by it and listed today i.e., RFA (OS)(Comm) 21/2020, 22/2020, 24/2020, 29/2020 and 31/2020, RFA(OS) (COMM) Nos. 21 to 31/2020 Page 8 of 9 has by way of abundant caution also filed applications under Section 8 of the Arbitration Act and notice of the said applications may also be issued.
10. Counsels for plaintiffs in those appeals state that the plaintiffs have objection even to issuance of the notice of the applications under Section 8 filed at this appellate stage and the said question and arguments on, whether the notice is to be issued, be also heard on 24th September, 2020.
11. We deem it appropriate that replies are filed to the applications, so that the matter can be finally heard on the date scheduled and does not have to be adjourned for non-completion of the pleadings. We therefore direct that the respondents/plaintiffs in the appeals filed by the defendant Asian Hotels (North) Limited may, without prejudice to all their objections, also file their replies to the applications under Section 8 of the Arbitration Act accompanying the appeals filed by the defendant Asian Hotels (North) Limited. Replies be filed within four weeks. Rejoinders be filed before the next date of hearing.
12. List, as aforesaid, on 24th September, 2020.
RAJIV SAHAI ENDLAW, J ASHA MENON, J AUGUST 05, 2020 ck RFA(OS) (COMM) Nos. 21 to 31/2020 Page 9 of 9