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Delhi High Court - Orders

La Tropicana Resident Association Regd vs North Delhi Metro Mall Pvt Ltd & Ors on 6 September, 2023

Author: Sanjeev Sachdeva

Bench: Sanjeev Sachdeva

                                    $~41
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           CONT.APP.(C) 49/2023, CAV 460/2023, CM APPL. 46191/2023,
                                                CM APPL. 46192/2023, CM APPL. 46193/2023, CM APPL.
                                                46194/2023&CM APPL. 46195/2023
                                                LA TROPICANA RESIDENT ASSOCIATION REGD
                                                                                               ..... Appellant
                                                               Through: Mr. Vivek Kohli, Sr. Advocate with
                                                                         Mr. Sandeep Bhuraria, Mr. Monish
                                                                         Surendran, Mr. Juvasrawal and Ms.
                                                                         Bhavya Bhatiya, Advocates.

                                                                                      versus

                                                NORTH DELHI METRO MALL PVT LTD & ORS.
                                                                                           ..... Respondents
                                                             Through: Mr. Amit Sibbal, Sr. Advocate with
                                                                      Mr. Kamal Shankar, Mr. Pradyumn
                                                                      Sharma and Mr. Bhagya Yadav,
                                                                      Advocates for R-1.
                                                                      Mr. Tarun Johri and Mr. Vishwajeet
                                                                      Tyagi, Advocate for R-2 to R-7.
                                                                      Mr. Manoranjan Sharma and Mr.
                                                                      Deeptanshu Jain, Advocates for R-8 to
                                                                      12.
                                                CORAM:
                                                HON'BLE MR. JUSTICE SANJEEV SACHDEVA
                                                HON'BLE MR. JUSTICE MANOJ JAIN
                                                                 ORDER

% 06.09.2023

1. Learned senior counsel appearing for respondent No. 1 raises a preliminary objection with regard to the locus of the appellant as also the maintainability of the present appeal.

2. Learned senior counsel submits that the Court has not exercised its jurisdiction under the Contempt of Courts Act, 1971 by punishing for CONT.APP.(C) 49/2023 1 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 16/09/2023 at 17:05:42 contempt and as such an appeal could not lie. He relies upon the decision of this Court dated 29.08.2023 in CONT.APP.(C) 45/2023 titled Reenu Ruhela vs Ashwani Kumar Kansal & Anr as well as the Supreme Court in D N Taneja vs Bhajan Lal: (1988) 3 SCC 26.

3. Learned senior counsel appearing for appellant prays for some time to address arguments.

4. At request, re-notify on 13.09.2023.

SANJEEV SACHDEVA, J MANOJ JAIN, J SEPTEMBER 6, 2023/sw CONT.APP.(C) 49/2023 2 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 16/09/2023 at 17:05:42