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Delhi High Court - Orders

Tdi Infrastructure Limited vs Smt. Sunita Dalal on 4 December, 2020

Author: Sanjeev Sachdeva

Bench: Sanjeev Sachdeva

                                      $~1, 2 & 3
                                      *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                      +      CM(M) 501/2020
                                             TDI INFRASTRUCTURE LIMITED                       ..... Petitioner
                                                                   Through   Ms. Kanika Agnihotri, Advocate.

                                                                   versus

                                             SMT. SUNITA DALAL                               ..... Respondent
                                                            Through          Mr. Ashwani Gupta, Advocate.
                                      +      CM(M) 503/2020
                                             TDI INFRASTRUCTURE LIMITED                       ..... Petitioner
                                                                   Through   Ms. Kanika Agnihotri, Advocate.
                                                                   versus

                                             SMT. SEEMA GUPTA                                ..... Respondent
                                                          Through            Mr. Ashwani Gupta, Advocate.

                                      +      CM(M) 506/2020
                                             TDI INFRASTRUCTURE LIMITED                       ..... Petitioner
                                                                   Through   Ms. Kanika Agnihotri, Advocate.
                                                                   versus

                                             SH. ANIL KUMAR MAKKAR & ANR.            ..... Respondents
                                                          Through    Mr. Ashwani Gupta, Advocate.
                                             CORAM:
                                             HON'BLE MR. JUSTICE SANJEEV SACHDEVA
                                                          ORDER

% 04.12.2020 CM APPL.25951/2020 (exemption) in CM(M) 501/2020 CM APPL.25954/2020 (exemption) in CM(M) 503/2020 CM APPL.25966/2020 (exemption) in CM(M) 506/2020 Signature Not Verified CM(M) 501/2020 & CM(M) 503/2020 Page 1 Digitally Signed By:KUNAL MAGGU CM(M) 506/2020 Signing Date:04.12.2020 19:17:17 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.

Exemptions are allowed subject to all just exceptions.

CM(M) 501/2020 & CM APPL.25950/2020 (stay); CM(M) 503/2020 & CM APPL.25953/2020 (stay) & CM(M) 506/2020 & CM APPL.25965/2020 (stay)

1. The hearing was conducted through video conferencing.

2. Issue notice. Notice is accepted by learned counsel appearing for respondents.

3. Learned counsel appearing for respondents informs that the Suit is presently at the stage of filing of the affidavit of admission/denial of documents and issues are yet to be framed.

4. It is informed by learned counsel for the petitioner that the arguments on an application seeking interim stay of recovery of CAM charges and penalty are pending consideration and in case any interim order is passed, the same would prejudice the petitioner.

5. Learned counsel for the petitioner submits that, as of now, no coercive steps are proposed against the respondents for failing to comply with the demand for CAM charges and penalty and till the next date no coercive steps shall be taken for failure to pay CAM charges and penalty. The statement is taken on record.

6. It is directed that the Trial Court is at liberty to proceed with the Suit. However, in view of the above statement of learned counsel for the petitioner, the Trial Court shall defer the hearing of the application under Order 39 Rules 1 and 2 CPC to a date after the date fixed by this Court.




Signature Not Verified
                                      CM(M) 501/2020 & CM(M) 503/2020                                               Page 2
Digitally Signed By:KUNAL
MAGGU                                 CM(M) 506/2020

Signing Date:04.12.2020 19:17:17 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.

7. List for consideration on 28.01.2021.

8. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court Master.




                                                                                   SANJEEV SACHDEVA, J
                                             DECEMBER 4, 2020
                                             st




Signature Not Verified
                                      CM(M) 501/2020 & CM(M) 503/2020                                      Page 3
Digitally Signed By:KUNAL
MAGGU                                 CM(M) 506/2020

Signing Date:04.12.2020 19:17:17 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.