Caravan Commercial Co.Ltd vs Pushpa Devi And Ors on 13 March, 2020

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Delhi High Court - Orders

Caravan Commercial Co.Ltd vs Pushpa Devi And Ors on 13 March, 2020

Bench: V. Kameswar Rao

                          $~27
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    CS(OS) 2443/1993
                               CARAVAN COMMERCIAL CO.LTD.                ..... Plaintiff
                                                Through: Mr.Manish Kumar Srivastava, Advs.

                                                     versus

                                  PUSHPA DEVI AND ORS.                           ..... Defendants
                                               Through:           Mr.Manish Vashisht, Mr.Manashwy
                                                                  Jha and Ms.Urvi Kapoor, Advs. for
                                                                  D-1/Applicant
                                                                  Mr.Lalit Gupta, Adv. for D-3 to 7
                                                                  Ms.Nandni Sahni, Adv. for D-8

                                  CORAM:
                                  HON'BLE MR. JUSTICE V. KAMESWAR RAO
                                               ORDER

% 13.03.2020 I.A. 3458/2020 (for exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

O.A. 39/2020

1. This chamber appeal has been filed against Order dated February 27, 2020.

2. Vide the said order, fresh summons were issued for summoning the witness i.e. the Registrar of Companies, Kolkata. According to Mr.Manish Kumar Srivastava, learned counsel appearing for the plaintiff, pursuant to Order dated January 06 2020, the plaintiff had deposited the process fee and the diet money for summoning the witness. According to him, plaintiff is not at fault for not summoning the said witness.

Signature Not Verified Digitally Signed By:ANIL KUMAR Signing Date:16.03.2020 14:43:36

3. If that be so, I deem it appropriate, issue fresh summons for the appearance of the Registrar of Companies, Kolkata before the learned Local Commissioner on April 21, 2020 for recording evidence.

4. I take on record the submission made by the Mr.Srivastava, no other witness is required to be produced by the plaintiff.

5. The other grievance made by Mr.Vashist is with regard to the observation made by the learned Joint Registrar which reads thus: "after completion of the evidence of plaintiff, the opposite party shall begin their evidence". It is his submission that the opposite party should not include the Shanti Devi Group. This contention is contested by Mr.Lalit Gupta on the ground that another suit filed by Mr. Arun Batra for specific performance against this set of defendants and other defendants is pending consideration before this Court, wherein they have to lead evidence.

6. Appropriate shall be for Mr. Gupta and Mr.Vashist to file the relevant orders passed by this Court from time to time on record for consideration on this aspect.

7. List before this Court on May 06, 2020.

8. Let a copy of this order be sent to the learned Local Commissioner. A copy of the order shall independently be sent to the Registrar of Companies, Kolkata.

V. KAMESWAR RAO, J MARCH 13, 2020 /bh Signature Not Verified Digitally Signed By:ANIL KUMAR Signing Date:16.03.2020 14:43:36

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Delhi High Court - Orders