Delhi High Court - Orders
Antriksh Bhawan Flat Owners And ... vs Gopal Ansal Huf & Ors on 11 January, 2024
Author: Dinesh Kumar Sharma
Bench: Dinesh Kumar Sharma
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 157/2023, I.A. 5482/2023 & I.A. 9512/2023
ANTRIKSH BHAWAN FLAT OWNERS AND OCCUPANTS
WELFARE SOCIETY REGD. ..... Plaintiff
Through: Mr.Kanwal Chaudhary and
Ms.Niharika, advts.
versus
GOPAL ANSAL HUF & ORS. ..... Defendants
Through: Mr.Tushar Ahuja, adv. for D-2.
Mr.Ajay Digpaul, CGSC with
Mr.Kamal Digpaul and Ms.Ishita
Pathak, advts. for UOI/D-3.
Mr.Anupam Srivastava, ASC for
GNCTD with Ms.Sarita Pandey, adv.
for D-4.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
ORDER
% 11.01.2024 Learned counsel for defendant no.4/Commissioner of Police submits that in view of Section 140 of the Delhi Police Act, the present suit cannot proceed against the Commissioner of Police in absence of notice having not been served under Section 140 of the Delhi Police Act.
Admittedly, notice under Section 140 of the Delhi Police Act has not been served nor any application has been moved seeking exemption of service of notice under Section 140 of the Delhi Police Act.
Learned counsel for the plaintiff seeks time to take instructions. List on 15.03.2024.
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 25/01/2024 at 07:19:31 I.A. 5484/2023 (seeking exemption from serving notice under sec. 80 CPC) Learned counsel for UOI/defendant no.3 states that the they do not wish to file any reply to this application.
Learned counsel for defendant no.2 submits that he has filed the reply to the application. Defendant no.1 has not been served.
Let defendant no.1 be served through all permissible modes, returnable for 15.03.2024.
CS(COMM) 157/2023, I.A. 5482/2023 & I.A. 9512/2023 Issue notice. Mr.Tushar Ahuja, learned accepts notice on behalf of defendant no.2, Mr.Ajay Digpaul, learned central government standing counsel accepts notice on behalf of defendant no.3 and Mr.Anupam Srivastava, learned additional standing counsel accepts notice on behalf of defendant no.4 Issue notice to defendant no.1 through all permissible modes returnable for 15.03.2024.
DINESH KUMAR SHARMA, J JANUARY 11, 2024 rb 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 25/01/2024 at 07:19:31