Delhi High Court - Orders
M/S. Golden Falcon Industries Ltd vs M/S. India Infoline Insurance Brokers & ... on 13 May, 2022
Author: Sanjeev Sachdeva
Bench: Sanjeev Sachdeva
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 96/2021 & I.A. 2147/2021, I.A. 6557/2021, I.A. 6558/2021,
Fresh I.A. 5361/2022
M/S. GOLDEN FALCON INDUSTRIES LTD. ..... Plaintiff
Through: Mr. Chetan Anand and Mr. Akash
Srivastava, Advocates
versus
M/S. INDIA INFOLINE INSURANCE
BROKERS & ANR. ..... Defendants
Through: Mr. Sudhir Nandrajog, Senior
Advocate with Mr. Dhiraj A. Philip,
Mr. Febin Mathew and Mr. Samuel
David, Advocates
Dr. Amit George, Advocate for D-2
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER
% 13.05.2022 I.A. 5362/2022 (condonation of delay)
1. This is an application seeking condonation of delay in filing the application under Section 8. It is contended that the application was filed on 19.05.2021 and thereafter was returned under objection, consequently and there was a delay in removing the objections.
2. The Supreme Court by its orders 23.03.2020, 27.04.2021 and 10.01.2022 in Suo Motu Writ Petition (Civil) No.3 of 2020 had suspended the period of limitation in view of the ongoing pandemic. Accordingly, there is no delay in re-filing the application. Delay in re-
Digitally Signed Signature Not Verified By:JUSTICE SANJEEV SACHDEVA Digitally Signed By:KUNAL MAGGU CS(OS) 96/2021 1 Signing Date:14.05.2022 Signing Date:14.05.2022 15:02:38 14:35 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
filing is condoned.
3. Application is disposed of.
I.A. 5360/2022 (Section 8)
4. Issue notice. Notice is accepted by learned counsel for the plaintiff who prays for time to file reply. Let the same be filed within four weeks. Rejoinder, if any, be filed within four weeks thereafter.
I.A. 2148/2021 (Appointment of LC)
5. This is an application on behalf of plaintiff seeking appointment of a Local Commissioner to inspect the suit premises bearing No. 71/3, First Floor, Najafgarh Industrial Area, Rama Raod, Moti Nagar, New Delhi.
6. It is contended by learned counsel for the plaintiff that possession of the subject premises has never been handed over to the plaintiff and the same is still in possession of the defendant no. 1 and the articles of defendant no. 1 are still lying in the subject premises.
7. This is disputed by learned Senior Counsel appearing for defendant no. 1 who, under instructions, submits that the premises was vacated and the keys were handed over to the guard of the plaintiff as plaintiff had refused to take over possession and the plaintiff was also duly informed about the vacation of the premises. He submits that there are no articles lying in the premises and furniture and fixtures lying in the premises were supposed to be left Digitally Signed Signature Not Verified By:JUSTICE SANJEEV SACHDEVA Digitally Signed By:KUNAL MAGGU CS(OS) 96/2021 2 Signing Date:14.05.2022 Signing Date:14.05.2022 15:02:38 14:35 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
and have accordingly been
8. left. He submits that he has no objection in case the plaintiff were to, without prejudice, take possession and deal with the premises in any manner.
9. Learned counsel for the plaintiff thus submits that without prejudice to the respective stand of the parties, plaintiff is willing to take over the peaceful vacant possession of the subject premises in the presence of a local comissioner.
10. Consequently, Mr. Raveesh Thukral, Advocate (Mobile # +91 9810166390; email: [email protected]) is appointed as the Local Commissioner to visit the suit property i.e. first floor of property bearing No. 71/3, First Floor, Najafgarh Industrial Area, Rama Road, Moti Nagar, New Delhi.
11. The Local Commissioner shall carry out an inspection of the subject premises and make an inventory of the articles, furniture and fixtures, if any, lying in the subject premises. In case any portion of the property is locked, the Local Commissioner would be empowered to break open the lock of the subject premises for the purposes of carrying out the inspection.
12. Plaintiff shall provide the facility of the photographer to the Local Commissioner. The photographer shall photograph and also make a video of the inspection of the premises. The photographer shall be provided with a new digital card which shall be handed over Digitally Signed Signature Not Verified By:JUSTICE SANJEEV SACHDEVA Digitally Signed By:KUNAL MAGGU CS(OS) 96/2021 3 Signing Date:14.05.2022 Signing Date:14.05.2022 15:02:38 14:35 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
by the photographer to the Local Commissioner after the inspection is carried out. The Local Commissioner shall submit the report along with digital card.
13. After the inspection is carried out possession of the said property shall be handed over to the plaintiff.
14. The representative of the defendant no. 1 would be permitted to be present at the time of inspection.
15. The Local Commissioner shall carry out the inspection of the subject premises on 21.05.2022. The Commission shall commence at 11.00 a.m.
16. Since the date and time has been fixed in the presence of the parties, Local Commissioner would not be required to issue any notice to the parties for the said purposes.
17. The fee of the Local Commissioner is fixed at Rs. 1.50 lakhs besides out of pocket expenses to be paid by the Plaintiff.
18. It is clarified that this is without prejudice to the rights and contentions of the parties.
19. Application is allowed in the above terms. CS(OS) 96/2021
20. List for further directions on 31.05.2022.
MAY 13, 2022/'rs' SANJEEV SACHDEVA, J
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
SACHDEVA
Digitally Signed By:KUNAL
MAGGU
CS(OS) 96/2021 4
Signing Date:14.05.2022
Signing Date:14.05.2022 15:02:38 14:35
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.