Delhi High Court - Orders
Sharad Bhansali & Anr vs Mukesh Aggarwal & Anr on 9 November, 2022
Author: Siddharth Mridul
Bench: Siddharth Mridul, Amit Sharma
$~S-31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO(OS) 122/2022
SHARAD BHANSALI & ANR. ..... Appellants
Through: Mr. Ankit Jain, Mr. Anshumaan
Sahni and Mr. Akshay Soni,
Advocates.
versus
MUKESH AGGARWAL & ANR. ..... Respondents
Through: Mr. Paramjit Singh Bindra, Senior
Advocate along with Mr. Dhruv
Madan, Advocate for R-2.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 09.11.2022 CM APPL. 47453/2022 (Exemption) Exemption allowed, subject to all just exceptions. The application is disposed of accordingly. CM APPL. 47455/2022 (Delay) Issue notice.
Mr. Dhruv Madan, learned counsel accepts notice on behalf of the non-applicant/respondent No. 2 and prays for time to file a reply.
Let the reply be filed within a period of two weeks, after providing an advance copy to learned counsel appearing on behalf of the Signature Not Verified Digitally Signed FAO(OS) 122/2022 Page 1 of 3 By:DURGESH NANDAN Signing Date:16.11.2022 15:26:00 applicants/appellants, who may file rejoinder thereto, if any, within a period of one week thereafter.
Let notice now be issued to respondent No. 1, by all permissible modes, including through electronic mail, if available, returnable on 19.12.2022.
CM APPL. 47454/2022 (Delay in re-filing) The present application under Section 151 of the Code of Civil Procedure, 1908, has been instituted on behalf of the applicants/appellants, seeking condonation of 22 days' delay in re-filing the accompanying appeal.
Issue notice.
Mr. Dhruv Madan, learned counsel accepts notice on behalf of the non-applicant/respondent No.2 and fairly does not oppose the present application.
In view of the foregoing and the reasons stated in the application, which is duly supported by an affidavit, the same is allowed. The delay of 22 days in re-filing the accompanying appeal is condoned.
The application is disposed of accordingly. CM APPL. 47450/2022 (under Order 39 Rule 1 and 2 read with Section 151 CPC for urgent interim directions) Learned counsel appearing on behalf of the applicants/appellants does not press this application, at this stage.
The application is dismissed as not pressed and disposed of accordingly.
FAO(OS) 122/2022, CM APPL. 47451/2022 (for additional documents) & CM APPL. 47449/2022 (for leave to appeal against impugned order dated 18.05.2022) Signature Not Verified Digitally Signed FAO(OS) 122/2022 Page 2 of 3 By:DURGESH NANDAN Signing Date:16.11.2022 15:26:00 Issue notice.
Mr. Dhruv Madan, learned counsel accepts notice on behalf of the respondent No. 2 and prays for time to file replies.
Let the replies be filed within a period of two weeks, after providing advance copies to learned counsel appearing on behalf of the applicants/appellants, who may file rejoinder(s) thereto, if any, within a period of one week thereafter.
Let notice now be issued to respondent No. 1, by all permissible modes, including through electronic mail, if available, returnable on 19.12.2022.
List the appeal along with the connected appeal being FAO(OS) 93/2022 titled 'Mukesh Aggarwal vs. Shailender Paul', on 19.12.2022. CM APPL. 47452/2022 (directions to summons the lower court record) Renotify on 19.12.2022.
SIDDHARTH MRIDUL, J AMIT SHARMA, J NOVEMBER 09, 2022/rs Click here to check corrigendum, if any Signature Not Verified Digitally Signed FAO(OS) 122/2022 Page 3 of 3 By:DURGESH NANDAN Signing Date:16.11.2022 15:26:00