Delhi High Court - Orders
M/S Castrol Limited & Anr vs Iqbal Singh Chawla & Anr on 14 December, 2022
Author: Manmohan
Bench: Manmohan
$~52
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA(OS) 17/2018 & CM APPLs.13895/2018, 21614-21615/2019
M/S CASTROL LIMITED & ANR ..... Appellants
Through: Mr. Sushant Singh, Ms. Geetika
Kapur, Mr. Kunal Khanna and Mr.
Sourav Pattnaik, Advocates
versus
IQBAL SINGH CHAWLA & ANR ..... Respondents
Through: Mr. Manoj Kumar Sahu, Advocate
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 14.12.2022 After some arguments, it transpires that on the day the learned Single Judge reserved the impugned judgment, the counsel for the appellant- plaintiff did not argue his case as he was conveyed an impression that the decree as sought for would be passed. Learned counsel for the respondent- defendant states that he was not present when the judgment was reserved. He also contends that the learned Single Judge did not have the opportunity to deal with the defences that the respondents-defendants wanted to put forward.
Consequently, both the learned counsel suggest that the impugned judgment / decree dated 3rd January, 2018 be set aside and the matter be remanded back for a fresh consideration by the learned Single Judge. They pray that the parties be allowed to lead additional evidence by filing Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:15.12.2022 19:45:28 affidavits within eight weeks. They also state that they have no objection if the interim arrangement made by this Court vide order dated 11th April, 2018 is extended till the disposal of the suit.
In view thereof, the impugned judgment / decree dated 3rd January, 2018 is set aside and the matter is remanded back to the learned Single Judge for a fresh consideration. The counsel for the parties are permitted to lead additional evidence by filing affidavits within eight weeks. The interim arrangement made by this Court vide order dated 11th April, 2018 shall continue till the disposal of the suit.
In view of the pendency of CM Appl.21614/2019, the appellant- plaintiff is given liberty to file a fresh application under Order XXXIX Rule 2A CPC before the learned Single Judge alleging violation of the interim order dated 11th April, 2018 by the respondent-defendant.
List the matter before the learned Single Judge for directions on 17th January, 2023.
MANMOHAN, J SAURABH BANERJEE, J DECEMBER 14, 2022 AS Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:15.12.2022 19:45:28