Delhi High Court - Orders
M/S A.B. Creations & Anr vs M/S Bhan Textiles Pvt. Ltd on 10 May, 2023
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~74
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 773/2023
M/S A.B. CREATIONS & ANR. ..... Petitioners
Through: Mr. Piyush Sharma, Mr. Aditya N.
Prasad, Mr. Harsh Vardhan, Mr.
Nishank Bhardwaj and Mr. Tushar
Behl, Advs.
versus
M/S BHAN TEXTILES PVT. LTD. ..... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 10.05.2023 [ The proceeding has been conducted through Hybrid mode ] CM APPL. 24069/2023 (Exemption)
1. Exemption is allowed, subject to all just exceptions.
2. However, the certified copies of the exempted documents may be filed within four weeks from today.
3. Application stands disposed of.
CM APPL. 24068/2023 (Exemption from TCR)
4. This is an application seeking exemption from filing TCR.
5. For the reasons stated in the application, the same is allowed for the time being.
6. There is no requirement to call for the TCR as and when it is needed, it will be requisitioned.
7. Application stands disposed of.
CM(M) 773/2023 & CM APPL. 24067/2023
8. The petitioner challenges the order dated 20.04.2023 whereby Signature Not Verified Digitally Signed By:VINOD KUMAR Signing Date:16.05.2023 16:59:45 the application under Section 151 CPC, 1908 seeking to place on record certain documents and also seeking dismissal of the suit was dismissed.
9. The petitioner also challenges the impugned order to the extent that simultaneously, learned Trial Court has also closed the opportunity of the petitioner/defendant to lead defendant's evidence on the ground that last and final opportunity was granted which was not availed of by the petitioner.
10. After some arguments, learned counsel appearing for the petitioner submits so far as the dismissal of the application under Section 151 CPC is concerned, on instructions, Mr. Sharma withdraws the present challenge to avail appropriate remedies in accordance with law.
11. Mr. Sharma also, on instructions, submits that the rejection of the application under Order VII Rule 11 CPC vide the order 14.12.2022 also may be challenged under the appropriate proceedings in accordance with law.
12. Mr. Sharma, however, submits that the closure of the right to lead evidence was not called for and unwarranted in the present circumstances. Learned counsel submits that the filing of the application under Section 151 CPC is exercise of the right of a party to agitate all issues pertaining to it, in respect of the suit which had been filed by the respondent/plaintiff.
13. Learned counsel also submits that the petition under Section 151 CPC was filed and notice whereon was issued vide the order dated 21.03.2023. The reason for not filing defendant's evidence was Signature Not Verified Digitally Signed By:VINOD KUMAR Signing Date:16.05.2023 16:59:45 the anticipation that in case the application is allowed, the suit itself would be dismissed and the filing of such evidence would be fruitless.
14. Issue notice on the limited aspect of closure of the opportunity to lead defendant's evidence.
15. Upon the petitioner taking steps within one week, let notice be issued to the respondent through all permissible modes. Additionally, through learned counsel appearing for the respondent before the learned Trial Court.
16. Reply be filed within four weeks. Rejoinder thereto, if any, be filed within four weeks thereafter.
17. In the meanwhile, learned Trial Court is requested to defer the proceedings stated to be listed on 11.05.2023 to a date beyond the date fixed by this Court.
18. List on 17.08.2023.
TUSHAR RAO GEDELA, J MAY 10, 2023/ms Signature Not Verified Digitally Signed By:VINOD KUMAR Signing Date:16.05.2023 16:59:45