Delhi High Court - Orders
Rajni Chopra & Ors vs Garima Minda & Anr on 10 May, 2023
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~58
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 750/2023
RAJNI CHOPRA & ORS ..... Petitioner
Through: Mr. Deepak Vohra and Mr. Akash
Tiwari, Advocates
versus
GARIMA MINDA & ANR ..... Respondent
Through: None
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 10.05.2023 [ The proceeding has been conducted through Hybrid mode ] CM APPL. 23694/2023
1. Exemption is allowed, subject to all just exceptions.
2. The application stands disposed of.
CM(M) 750/2023 & CM APPL. 23693/2023 (Interim relief)
3. The petitioners challenge the order dated 01.03.2023 passed in CS(Comm) No. 02/2021 titled Smt Rajni Chopra & Ors vs. Smt. Garima Minda & Anr, whereby an application under Order I Rule 10(2) read with Section 151 of CPC, 1908, filed on behalf of the respondent no.2, who was the defendant no.2 before the learned Trial Court, was allowed.
4. Mr. Deepak Vohra, learned counsel appearing for the petitioners submits that in the suit the reference to the joint liability of respondent nos. 1 and 2, was extensively quoted and even in the cause of action paragraph, the Signature Not Verified Digitally Signed By:VINOD KUMAR Signing Date:16.05.2023 16:59:45 specific allegation against respondent no.2/defendant no.2 of his assurance of his personal commitment to clear the liabilities of arrears, if any, was also averred. Paragraph 33 of the suit also made categorical assertion against respondent no.2/defendant no.2.
5. According to learned counsel, ignoring the aforesaid specific averments, the learned Trial Court proceeded to pass the impugned order.
6. Learned counsel also submits that since the suit was filed under the Commercial Courts Act, 2015 and admittedly no written statement was filed by or on behalf of respondent no.2/defendant no.2, the automatic deemed admission, as per the Commercial Courts Act, 2015 would come into force, which was also not considered by the learned Trial Court.
7. Issue notice. On petitioners taking steps within a week, notice may be served upon the respondents through all permissible modes. Additionally, through learned counsel appearing for the respondents before the learned Trial Court.
8. Reply, if any, be filed within four weeks. Rejoinder thereto, if any, be filed within four weeks thereafter.
9. Since respondent no.2/defendant no.2 was deleted by virtue of the impugned order and has not filed his written statement, the trial shall proceed, however, would be subject to the outcome of the present petition.
10. List on 30.10.2023.
TUSHAR RAO GEDELA, J MAY 10, 2023 Aj Signature Not Verified Digitally Signed By:VINOD KUMAR Signing Date:16.05.2023 16:59:45