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Delhi High Court - Orders

N C Mittal vs M/S Madhumala Properties Pvt Ltd on 1 February, 2019

Author: Yogesh Khanna

Bench: Yogesh Khanna

$~39
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    RC.REV. 58/2019
     N C MITTAL
                                                     ..... Petitioner
                     Through : Mr.Vishal Sharma, Mr.V.M.Sharma
                               and Mr.V.K.Malhotra, Advocates

                         versus

     M/S MADHUMALA PROPERTIES PVT LTD
                                                           ..... Respondent
                         Through :   None

     CORAM:
     HON'BLE MR. JUSTICE YOGESH KHANNA
                   ORDER

% 01.02.2019 CM APPL No.4932/2019 Exemption allowed, subject to all just exceptions. The application stands disposed of.

RC.REV. 58/2019 & CM APPL No.4931/2019, CAV No.99/2019 This petition challenges the order dated 3rd August, 2018 passed by learned ARC where application for leave to defend was dismissed. It is submitted by learned counsel for the petitioner that the petition was filed by private limited company under Section 14 (1) (e) of DRC Act and an issue as to if a limited company need to file a petition under Section 14 (1) (e) or under Section 22 of the DRC Act was raised in RC.Rev.Nos.18/2016, 204-08/2017, 303/2017, 318/2017, 396-97/2017 & 519-20/2017 and was referred to the larger Bench.

In the circumstances, let the notice of this petition be issued to the respondent for 14th May, 2019 and in the meanwhile the execution, if any, stands stayed till the next date of hearing.

YOGESH KHANNA, J.

FEBRUARY 01, 2019 VLD