Delhi High Court - Orders
Anju Gupta vs Praveen Kumar Gupta & Ors on 9 May, 2025
Author: Navin Chawla
Bench: Navin Chawla
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ EFA(OS) 6/2025
ANJU GUPTA .....Appellant
Through: Dr.Hrishikesh Baruah,
Mr.Kumar Kshitij &
Mr.Utkarsh Dwivedi, Advs
versus
PRAVEEN KUMAR GUPTA & ORS. .....Respondents
Through: Ms.Mallika Gupta, Adv for R2
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
HON'BLE MS. JUSTICE RENU BHATNAGAR
ORDER
% 09.05.2025 CM APPL. 28248/2025 (Exemption)
1. Allowed, subject to all just exceptions.
EFA(OS) 6/2025 & CM APPL. 28247/2025
2. The learned counsel for the respondent no.2 submits that the advance copy of this appeal was intentionally not served on any of the counsels who were representing the respondents before the learned Executing Court. She submits that as far as the respondent no.1 is concerned, the advance copy of the appeal was sought to be served on the counsel who was earlier representing the respondent no.1; as far as she is concerned, her e-mail address was incorrectly mentioned, resulting in her not receiving the advance copy of the appeal; and, with respect to the respondent no.3 again, a copy was served on a person who is not representing the respondent no.3 before the learned Executing Court.
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3. We further find that, as of now, the appellant is not even a party before the learned Executing Court. There is no application before us seeking permission to file this appeal.
4. We take a serious view of the conduct of the appellant in this aspect. The purpose of serving an advance copy of the appeal is to ensure that the respondents are duly represented when the appeal is taken up for a preliminary hearing and for consideration of the grant of an interim order therein. It is for this reason that the appellant is required to file along with the appeal, proof of service of the advance copy of the appeal on the respondents, failing which the appeal is not listed before the Court. The appellant cannot bypass this important procedure through the manipulative process described above.
5. The counsel for the appellant submits that he has subsequently supplied copies of the appeal to the correct counsels for the respondents. He further undertakes to serve a copy of the appeal again on the concerned counsels, along with a notice that the appeal will be taken up for a preliminary hearing on 13.05.2025. Let him do so.
6. List on 13th May, 2025.
NAVIN CHAWLA, J RENU BHATNAGAR, J MAY 9, 2025/rv/DG Click here to check corrigendum, if any 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 29/06/2025 at 23:20:07