Delhi High Court - Orders
Sk Systems Pvt. Ltd. And Anr vs Ravi Kant Chandhok on 4 March, 2024
Author: Rajiv Shakdher
Bench: Rajiv Shakdher, Amit Bansal
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA(COMM) 81/2024 & CM Nos.13579-80/2024
SK SYSTEMS PVT. LTD. AND ANR ..... Appellants
Through: Ms Padam Priya and Mr Dhruv Dwivedi,
Advs.
versus
RAVI KANT CHANDHOK ..... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 04.03.2024 [Physical Court Hearing/Hybrid Hearing (as per request)] CM No.13580/2024
1. Allowed, subject to the appellants filing legible copies of the annexures, at least three (03) days before the next date of hearing. RFA(COMM) 81/2024 & CM No.13579/2024 [Application filed on behalf of the appellants seeking interim relief]
2. This appeal seeks to assail the judgment and decree dated 09.11.2023, as modified by the order dated 18.12.2023.
3. Via the impugned judgment and decree, the trial court has decreed the suit for Rs.13,50,000/- along with simple interest payable @ 6% per annum, RFA(COMM) 81/2024 page 1 of 3 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 15/03/2024 at 21:50:59 which would run till the date of realization, in case the appellants/defendants fail to pay the stipulated amount within 90 days from the date of judgment i.e., 18.12.2023.
4. The respondent/plaintiff is a lawyer who instituted the suit action for recovery of his dues against the appellants/defendants.
5. Ms Padam Priya, learned counsel, who appears on behalf of the appellants/defendants, says no formal written agreement was arrived at between the parties with regard to the fee.
5.1 According to Ms Priya, for the work done, the trial court should have assessed the rate at which the respondent/plaintiff ought to have been paid by comparing the amounts paid for similar work carried out by the respondent/plaintiff in the past.
5.2 Ms Priya says that Rs.50,000/- was paid for the work executed by the respondent/plaintiff for the appellants/defendants.
6. In our view, the matter requires further examination.
7. Accordingly, issue notice to the respondent/plaintiff via all permissible modes, including e-mail.
8. List the matter on 29.07.2024.
9. Subject to the appellants/defendants depositing 25% of the decretal amount with this Court, there shall be, for the moment, a stay on the operation of the impugned judgment and decree.
RFA(COMM) 81/2024 page 2 of 3 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 15/03/2024 at 21:50:59
10. Parties will act based on the digitally signed copy of the order.
RAJIV SHAKDHER, J AMIT BANSAL, J MARCH 4, 2024 aj Click here to check corrigendum, if any RFA(COMM) 81/2024 page 3 of 3 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 15/03/2024 at 21:50:59 $~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA(COMM) 82/2024 M/S NEELKANTH DRUGS PVT LTD ..... APPELLANT Through: None.
versus
THE STATE GOVT OF NCT OF
DELHI & ANR. ..... RESPONDENTS
Through: None.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 04.03.2024
[Physical Hearing/Hybrid Hearing (as per request)] CM Appl.13581/2024
1. Allowed, subject to just exceptions.
CM Appl.13582/20242. This is an application filed on behalf of the appellant seeking extension of time for filing the deficit court fees.
3. The application is disposed of with a direction that the time for depositing the court fees would stand extended by two (02) weeks, commencing from date of receipt of a copy of this order. RFA(COMM) 82/2024 & CM Appl.13583/2024
4. This appeal is directed against the judgment and decree dated 30.10.2023 RFA(COMM) 82/2024 1/2 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 15/03/2024 at 21:50:59 passed by the learned District Judge. The learned District Judge has passed a decree for Rs.62,085/- in favour of appellant/plaintiff along with pendente lite and post-decree interest at the rate of 9% per annum. 4.1 In addition thereto, costs have also been awarded in favour of the appellant/plaintiff.
5. The matter was passed over in the morning. At 3.45 P.M., the matter was called out again. However, there is no representation on behalf of the appellant.
6. Adverse orders are deferred.
7. List the matter on 08.04.2024.
8. Meanwhile, the Registry will summon the trial court record, albeit in digitized form.
RAJIV SHAKDHER, J AMIT BANSAL, J MARCH 4, 2024/pmc Click here to check corrigendum, if any RFA(COMM) 82/2024 2/2 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 15/03/2024 at 21:50:59 $~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAT.APP.(F.C.) 50/2024 & CM Nos.7947-48/2024 RITIKA JUNEJA ..... Appellant Through: Mr M.C. Dhingra, Adv.
versus
ANSHUMAN NARANG ..... Respondent
Through: Mr Arpit Rawat, Adv.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 04.03.2024
[Physical Court Hearing/Hybrid Hearing (as per request)]
1. Pursuant to the order dated 09.02.2024, an affidavit dated 28.02.2024 has been filed on behalf of the respondent.
2. It is claimed in the affidavit that the respondent remarried on 24.01.2024.
3. To be noted, the impugned judgment and divorce decree was passed on 23.12.2023.
4. In the affidavit, the respondent has not provided any details with regard to his marriage i.e., the particulars of the person he has married, the venue of the marriage, the kind of ceremony undertaken etcetera.
MAT.APP.(F.C.) 50/2024 page 1 of 2 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 15/03/2024 at 21:50:59 4.1 The affidavit, we would have thought, have been accompanied by the photographs of the marriage ceremony.
5. Given this position, Mr Arpit Rawat, learned counsel, who appears on behalf of the respondent, states that an additional affidavit will be filed, which will set out the details concerning the second marriage.
6. The additional affidavit will be filed, within the next two (02) weeks. A copy of the additional affidavit as well as the original affidavit which, concededly, has not been served on the learned counsel for the appellant, i.e., Mr M.C. Dhingra will be served on him.
7. List the matter on 10.04.2024.
RAJIV SHAKDHER, J AMIT BANSAL, J MARCH 4, 2024 aj Click here to check corrigendum, if any MAT.APP.(F.C.) 50/2024 page 2 of 2 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 15/03/2024 at 21:51:00 $~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAT.APP.(F.C.) 283/2023, CM APPLs. 49434-35/2023 and 4577/2024 NIMIT GANDHI ..... Appellant Through: Mr Sunil Mittal, Sr. Advocate with Ms Seema Seth, Mr Satish Panchal and Ms Muskaan Deswal, Advocates along with appellant in person.
Versus
HARSHITA G. GANDHI ..... Respondent
Through: Mr Saket Sikri, Advocate.
CORAM:
HON'BLE MR JUSTICE RAJIV SHAKDHER
HON'BLE MR JUSTICE AMIT BANSAL
ORDER
% 06.03.2024
[Physical Hearing/Hybrid Hearing (as per request)]
1. This appeal is directed against the judgment dated 28.07.2023 rendered by the Family Court, South District, Saket Courts, New Delhi.
2. Via the impugned order, the Family Court has granted interim maintenance to the respondent/wife in an application preferred by her under Section 24 of the Hindu Marriage Act, 1955. The interim maintenance granted by the Family Court is @ Rs. 25,000/- per month.
MAT.APP.(F.C.) 283/2023 page 1 of 3 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 15/03/2024 at 21:51:00
3. The instant appeal, which has been preferred by the appellant/husband against the impugned order, came up before the court for the first time on 22.09.2023. The coordinate bench, while issuing notice in the appeal, stayed the operation of the impugned order dated 28.07.2023.
4. It is not disputed by Mr Sunil Mittal, learned senior counsel, who appears on behalf of the appellant/husband, that the respondent/wife had filed an appeal i.e., the MAT.APP. (F.C.) 301/2023 against the very same order. 4.1 The very same coordinate bench, via a detailed judgment dated 11.10.2023, sustained the order impugned in the instant appeal i.e., the order dated 28.07.2023.
5. Admittedly, the appellant/husband has not carried the matter in appeal.
6. We may also note that the order dated 11.10.2023 in MAT.APP. (F.C.) 301/2023 was passed on the first date when the respondent in that appeal (appellant herein) was represented by Mr Sunil Mittal, learned senior counsel, along with Ms Seema Seth, Advocate.
7. Prima facie, we are of the view that the said order needs no interference. 7.1 However, Mr Mittal says that there may be a possibility of arriving at a settlement in the matter with regard to divorce and other ancillary proceedings.
7.2 Thus, at the request of Mr Mittal, list the matter on 18.03.2024 at 04.00
P.M.
MAT.APP.(F.C.) 283/2023 page 2 of 3
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 15/03/2024 at 21:51:00
8. The parties are directed to remain present in court on the next date of hearing.
RAJIV SHAKDHER, J
AMIT BANSAL, J
MARCH 6, 2024 / tr Click here to check corrigendum, if any
MAT.APP.(F.C.) 283/2023 page 3 of 3
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 15/03/2024 at 21:51:00 $~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 133/2020 VOLTAS LIMITED ..... Appellant Through: Mr D.S. Chauhan, Advocate.
versus
GOVERNMENT OF NCT OF DELHI & ORS ..... Respondents
Through: Mr Shamit Mukerjee, Advocate.
CORAM:
HON'BLE MR JUSTICE RAJIV SHAKDHER
HON'BLE MR JUSTICE AMIT BANSAL
ORDER
% 06.03.2024
[Physical Hearing/Hybrid Hearing (as per request)] CM APPL. 13991/2024 [Application filed on behalf of respondent no. 3 seeking early hearing of the appeal]
1. This is an application filed for early hearing by, one, Mr Sohan Singh, the workman.
2. Mr D.S. Chauhan, learned counsel, who appears on behalf of the non- applicant/appellant i.e., the management, says that he can have no objection to paying to the concerned workman money, as per the settlement dated 13.06.2007 arrived at between the workman's union i.e., All India Voltas Employees Federation, of which the applicant/workman was a member.
LPA 133/2020 page 1 of 3 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 15/03/2024 at 21:51:00
3. We may note that the moot issue which arises for consideration is as to whether or not the applicant/workman i.e., respondent no.3 would be entitled to back wages.
4. The stand of the non-applicant/appellant i.e., the management, appears to be that the application filed under Section 33(2)(b) of the Industrial Disputes Act,1947 was withdrawn because of the aforementioned settlement. 4.1 However, the applicant/workman i.e., respondent no.3 contends to the contrary.
5. As a matter of fact, a writ petition was moved in this regard by the applicant/workman i.e., respondent no.3 prior to the subject writ petition wherein, certain directions were issued. This writ petition was numbered as WP(C) 8368/2008.
5.1 Concededly, the non-applicant/appellant did not participate in the said writ petition.
5.2 The said writ petition was disposed of via order dated 10.02.2010.
6. We must note that Mr Chauhan says that certain amounts were deposited in this regard, which have been partly withdrawn by the applicant/workman i.e., respondent no.3.
7. Given the aforesaid position, we are disposing of this application, with the consent of counsel for the parties, with the following directions:
(i). The non-applicant/appellant will deposit the amounts as per the settlement arrived at with the union, as referred to hereinabove.
LPA 133/2020 page 2 of 3 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 15/03/2024 at 21:51:00
(ii). The deposit will be made after adjusting the amount already deposited by the non-applicant/appellant with the Registry of the court.
(iii). The balance amount will be deposited by the non-applicant/appellant within the next two (02) weeks.
(iv). Liberty is given to the applicant/respondent no.3 i.e., the workman to withdraw the amount immediately after its deposit.
(v). For this purpose, the matter will be listed before the Registrar General on 14.03.2024.
(vi). The Registrar General will pass appropriate orders.
8. We may note that the factum of issuance of directions by the court for deposit of Rs.10 lakhs by the non-applicant/appellant is contained in the order dated 06.08.2020.
9. The application is disposed of in the aforesaid terms.
10. Needless to add, the aforesaid directions are issued without prejudice to the rights and contentions of the parties in the main appeal.
LPA 133/202011. List the appeal on the date already fixed i.e., 15.05.2024.
RAJIV SHAKDHER, J
AMIT BANSAL, J
MARCH 6, 2024 / tr
Click here to check corrigendum, if any
LPA 133/2020 page 3 of 3
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 15/03/2024 at 21:51:00