Delhi High Court - Orders
Mep Infrastructure Developers Ltd vs Municipal Corporation Of Delhi ... on 12 July, 2024
$~42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 557/2024
MEP INFRASTRUCTURE DEVELOPERS LTD .....Plaintiff
Through: Mr. Parag Tripathi, Senior Advocate
with Mr. Abhijat, Mr. Manik Dogra,
Mr. Rishi Agarwal, Mr. Daksh Arora
and Mr. Vasundhana Bhakru,
Advocates
versus
MUNICIPAL CORPORATION OF DELHI (FORMERLY SOUTH
DELHI MUNICIPAL CORPORATION) .....Defendant
Through: None.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
ORDER
% 12.07.2024 I.A. 32779-80/2024 (exemption) Allowed, subject to all just exceptions.
I.A. 32776/2024 (under Section 12A (1) of the Commercial Courts Act, 2015 read with Section 151 CPC)
1. Since an urgent relief in the form of ex-parte ad interim injunction has been sought, the present application is allowed.
2. The application is disposed of.
I.A. 32777/2024 (under Section 149 read with Section 151 CPC seeking exemption from payment of court fee)
3. This is an application seeking extension of time to deposit the court fee. Learned Senior Counsel on behalf of the plaintiff submits that the deficient court fee has already been deposited.
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 19/07/2024 at 22:28:27
4. In view of the above, the present application has become infructuous and is disposed of as such.
I.A. 32778/2024 (under Section 151 CPC seeking permission to file lengthy list of dates along with the suit )
5. For the reasons stated in the application, the application is allowed.
6. The application is disposed of.
CS(COMM) 557/2024
7. The present suit has been filed by the plaintiff, inter alia, seeking permanent injunction restraining the defendant from enforcing the Demand Notices dated 18.11.2019, 14.02.2020 and 25.05.2021.
8. The plaint be registered as a suit.
9. On filing of process fee, summons be issued to the defendant by all permissible modes.
10. The summons shall indicate that written statement must be filed within thirty days from the date of receipt of summons. The defendant shall also file an affidavit of admission/denial of the documents filed by the plaintiff, failing which the written statement shall not be taken on record.
11. The plaintiff is at liberty to file replication thereto within thirty days after filing of the written statement. The replication shall be accompanied by affidavit of admission/denial in respect of the documents filed by the defendant, failing which the replication shall not be taken on record.
12. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.
13. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.
14. List before the learned Joint Registrar for completion of service, 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 19/07/2024 at 22:28:27 pleadings, admission/denial of documents and marking of exhibits on 18.09.2024.
15. List before the Court after completion of pleadings on 15.10.2024.
I.A. 32775/202416. This is an application filed by the plaintiff under Order XXXIX Rules 1 and 2 read with Section 151 CPC.
17. Issue notice to the defendants by all permissible modes.
18. Learned Senior Counsel appearing on behalf of Interim Resolution Professional (IRP) appointed for the Corporate Debtor Company submits that the company is before NCLT and IRP has been appointed and the moratorium pursuant to order dated 28.03.2024 passed by the learned Adjudicating Authority is in place. He further submits that in view of Section 14 of the Insolvency and Bankruptcy Code, 2016, no coercive steps can be taken by the defendant against the Corporate Debtor.
19. Defendant may file reply to the application within four weeks on receipt of notice. Rejoinder thereto, if any, be filed within a period of four weeks thereafter.
20. List before the Joint Registrar for completion of service and pleadings on 18.09.2024.
21. List before the Court on 15.10.2024.
VIKAS MAHAJAN, J JULY 12, 2024 'rs' 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 19/07/2024 at 22:28:29