Sh. Ashok Kumar Parwanda (Deceasetd) ... vs M/S Cement Corporation Of India on 20 May, 2022

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Delhi High Court - Orders

Sh. Ashok Kumar Parwanda (Deceasetd) ... vs M/S Cement Corporation Of India on 20 May, 2022

Bench: Rekha Palli

                          $~5 & 11
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    RFA 164/2022 & CM APPL. 19453/2022, 19455-57/2022
                               SH. ASHOK KUMAR PARWANDA (DECEASETD) THROUGH
                               LRS
                                                                               ..... Appellant
                                               Through: Dr. Arun Mohan, Sr. Adv. with Ms.
                                                         Shantha Devi Raman, Adv.

                                                     versus

                                 M/S CEMENT CORPORATION OF INDIA
                                                                                           ..... Respondent
                                                Through:
                          +      RFA 5/2011 & CM APPLs. 14684/2021 & CM APPL. 22535/2022
                                 CEMENT CORPORATION OF INDIA
                                                                               ..... Appellant
                                                Through:

                                                     versus

                                 ASHOK PARWANDA
                                                                                        ..... Respondent
                                                     Through:      Dr. Arun Mohan, Sr. Adv. with Ms.
                                                                   Shantha Devi Raman, Adv.


                                 CORAM:
                                 HON'BLE MS. JUSTICE REKHA PALLI
                                               ORDER

% 20.05.2022

1. None appears for M/s Cement Corporation of India when the matters are called out.

2. In the interest of justice adverse orders are deferred.

Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:23.05.2022 12:46:52

RFA 164/2022 & CM APPL. 19453/2022, 19455-57/2022

3. The present appeal assails the judgment and decree dated 12.08.2010 passed by the learned Additional District Judge, Patiala House Court, Delhi in Suit No. 492/2009. Even though the appeal prima facie appears to be grossly barred by limitation having been filed after a delay of 4168 days, learned senior counsel for the appellant submits that filing of the present appeal was necessitated only on account of the respondent filing RFA 5/2011 which appeal was admitted on 30.11.2011, and is still pending adjudication.

4. Upon the appellant taking steps, issue notice to the respondent through all permissible modes.

5. List on 13.07.2022.

6. In the meanwhile, it will be open for the parties to handover the written submissions one day before the next date of hearing to the Court Master. It is, however, made clear that the matter will not be adjourned on account of non-filing of the written submissions by any of the parties.

REKHA PALLI, J MAY 20, 2022 acm Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:23.05.2022 12:46:52

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Delhi High Court - Orders