Dr Manish Bansal vs Dr Sanjiv Bansal & Ors on 6 July, 2021

[Cites 2, Cited by 1]

Delhi High Court - Orders

Dr Manish Bansal vs Dr Sanjiv Bansal & Ors on 6 July, 2021

Bench: C. Hari Shankar

                          $~16 (original)
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     CS(OS)      287/2021        &     I.A.7624/2021,       I.A.7625/2021,
                                I.A.7626/2021, I.A.7627/2021
                                DR MANISH BANSAL                         ..... Plaintiff
                                             Through: Mr. Pallav Shishodia, Sr.Adv. with
                                             Mr. Maneck Mulla, Ms. Anuja Juhnjhunwala,
                                             Mr. Priyank Kapadia, Mr. Ghanshyam Joshi
                                             and Mr. Chirag Joshi, Advs.

                                                   versus

                                DR SANJIV BANSAL & ORS.                ..... Defendants
                                             Through: Mr.Raj Shekhar Rao, Sr. Adv. with
                                             Mr. Manish Kaushik, Adv. for D-1

                                CORAM:
                                HON'BLE MR. JUSTICE C. HARI SHANKAR
                                            ORDER

                          %                 06.07.2021
                                      (Video-Conferencing)

                          I.A.7627/2021 (exemption)

1. Exemption is granted subject to all just exceptions.

2. The application is disposed of.

I.A.7626/2021 (exemption)

1. Subject to the plaintiff filing legible copies of any dim or illegible documents on which he may seek to place reliance within four weeks from today, exemption is granted for the present.

Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(OS) 287/2021 Page 1 of 4 Signing Date:08.07.2021 15:49:29

2. The application is disposed of.

I.A.7624/2021 (under Section 20(b) r/w Section 151 of CPC)

1. For the reasons stated in the application, the prayer to include Defendant Nos. 4 to 6 as defendants in the suit is granted.

2. The application stands disposed of accordingly.

CS(OS) 287/2021

1. Let the plaint be registered as a suit.

2. Issue summons. Summons are accepted by Mr. Manish Kaushik on behalf of Defendant No.1. Let summons be issued to the remaining defendants by all means possible at this time. Written statement, accompanied by affidavit of admission/denial of the documents filed by the plaintiff, be filed within four weeks with advance copy to learned Counsel for the plaintiff who may file replication thereto, if any, accompanied by affidavit of admission/denial of the documents filed by the defendants within two weeks thereof.

3. List before the Joint Registrar for completion of pleadings, admission/denial of documents and marking of exhibits on 6th September, 2021.

Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(OS) 287/2021 Page 2 of 4 Signing Date:08.07.2021 15:49:29

I.A.7625/2021 (under Order XXXIX Rules 1 and 2 of the CPC)

1. Mr. Pallav Shishodia, learned Senior Counsel for the plaintiff seeks ad-interim relief in terms of prayer (b) in this application. The prayer clause in this application reads thus:

"It is therefore most respectfully prayed that this Hon'ble Court may be pleased to:

a) Grant an ex-parte ad-interim injunction in favor of the plaintiff and against the Defendants, their agents, representatives, associates and all others restraining the Defendants from relying on the Impugned Will dated 29 December 2017 registered on 26 February 2019 before any third party / authority or for any purpose whatsoever or claiming any rights therein during the pendency of present proceedings;

b) restrain the Defendants from taking any steps to take possession of, part with, alienate, encumber, transfer, sell or otherwise create third party rights in any of the properties forming part of the Estate of the Deceased

c) Grant an ex parte ad interim injunction in favor of the plaintiff and be pleased to appoint a Court Receiver with powers under Order XV of Code of Civil Procedure in respect of residential property situated at 181, Kailash Hills, New Delhi 110065.

d) Pass any other such or further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."

2. Issue notice. Notice is accepted on behalf of Defendant No.1 by Mr. Manish Kaushik. Let notice be issued to the remaining defendants Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(OS) 287/2021 Page 3 of 4 Signing Date:08.07.2021 15:49:29 by all modes possible at this time. Reply, if any, be filed within two weeks with advance copy to learned Counsel for the plaintiff who may file rejoinder thereto, if any, before the next date of hearing.

3. Mr. Raj Shekhar Rao, learned Senior Counsel for Defendant No. 1, ensures on instructions that, till the next date of hearing, status quo will be maintained regarding the estate of the deceased Dr. B.S. Bansal. The assurance is taken on record.

4. List the application for hearing and disposal before the Court subject to completion of pleadings on 28th July, 2021. In order to facilitate hearing, both sides are requested to file short notes of their respective submissions not exceeding five pages before the next date of hearing after exchanging copies with each other.

C. HARI SHANKAR, J JULY 6, 2021/kr Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(OS) 287/2021 Page 4 of 4 Signing Date:08.07.2021 15:49:29

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Delhi High Court - Orders