Delhi High Court - Orders
M/S Rajendras Properties (Delhi) Pvt. ... vs Ashok Bansal & Ors on 6 September, 2021
Author: Rajiv Shakdher
Bench: Rajiv Shakdher, Talwant Singh
$~6 (2021)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA(OS) 84/2013
M/S RAJENDRAS PROPERTIES (DELHI) PVT. LTD. & ORS
..... Appellants
Through: Mr. Rajesh Aggarwal, Advocate.
versus
ASHOK BANSAL & ORS. ..... Respondents
Through: Mr. Vidit Gupta, Advocate for
respondent nos.1 to 4.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE TALWANT SINGH
ORDER
% 06.09.2021
[Physical Hearing]
CM APPL. 22425/2021 [Application on behalf of respondent nos. 1 to 4, under Section 151 of Code of Civil Procedure, 1908, for disposal of the present appeal]
1. This is an application moved on behalf of respondent nos. 1 to 4 i.e., the original plaintiffs.
2. Via this application, dismissal of appeal is sought. 2.1. The principal ground taken in the application, based on which dismissal of appeal is sought, is that the name of the appellant no.1/company was struck off from the register of the companies. 2.2. To be noted, this fact is not disputed, as an order passed by the Registrar dated 20.11.2019, has been placed on record, by the appellant no.1/company.
2.3. What is further asserted by appellant no.1/company, is that, an appeal with the NCLT, has been preferred against the said order, which is pending adjudication.
RFA(OS) 84/2013 page 1 of 2 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:09.09.2021 11:48:34
3. We are informed, although the appeal has been filed, it is not placed before the concerned Bench, as yet.
4. We may also indicate that it is contended, on behalf of the applicants/respondent nos.1 to 4, that appellant no.5 was not a party to the suit, and therefore, the said appellant had no locus to file an appeal.
5. Mr. Rajesh Aggarwal, who appears on behalf of the appellants, says that he would have no objection if appellant no.5 is deleted from the array of parties.
6. Having regard to the aforesaid, insofar as the first aspect is concerned, the same will be decided, along with the main appeal, given the fact that NCLT is, presently, seized with the action, filed on behalf of the appellant no.1/company.
7. Insofar as appellant no.5 is concerned, as indicated by Mr. Aggarwal, the said appellant is deleted from the array of parties.
8. Mr. Aggarwal will file an amended memo of parties, within two weeks from today.
9. The application is, accordingly, disposed of.
RAJIV SHAKDHER, J
TALWANT SINGH, J
SEPTEMBER 6, 2021
tr Click here to check corrigendum, if any
RFA(OS) 84/2013 page 2 of 2
Signature Not Verified
Digitally Signed
By:VIPIN KUMAR RAI
Signing Date:09.09.2021
11:48:34