N R Switch N Radio Services Private ... vs Zte Telecom India Private Limited on 3 May, 2023

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Delhi High Court - Orders

N R Switch N Radio Services Private ... vs Zte Telecom India Private Limited on 3 May, 2023

Bench: Chandra Dhari Singh

                  $~48
                  *       IN THE HIGH COURT OF DELHI AT NEW DELHI
                  +       O.M.P. (COMM) 417/2022

                          N R SWITCH N RADIO SERVICES PRIVATE LIMITED
                                                                   ..... Petitioner
                                        Through: None.

                                            versus

                          ZTE TELECOM INDIA PRIVATE LIMITED         ..... Respondent
                                       Through: Mr.Shaurya Sharma, Advocate for
                                                 applicant

                          CORAM:
                          HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
                                          ORDER

% 03.05.2023 I.A. No. 8604/2023 (for modification)

1. The instant application under Section 151 of the Code of Civil Procedure, 1908, has been filed on behalf of the respondent seeking modification of order dated 21st February 2023.

2. The learned counsel appearing for the applicant submitted that inadvertently vide order dated 21st February, 2023, I.A. No. 16442/2022, an application filed on behalf of the petitioner seeking condonation of delay of 95 days in re-filing the present petition had been allowed instead of I.A. No. 3412/2023, an application filed on behalf of the respondent/ the applicant of the captioned application.

3. The learned counsel appearing for the applicant/respondent further submits that thus the order dated 21st February, 2023 needs to be corrected otherwise grave prejudice would be caused to the applicant if the present Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:04.05.2023 18:07:27 application is not allowed.

4. Heard the learned counsel appearing for the applicant/respondent.

5. For the reasons stated in the application, the application is allowed. Thus the order dated 21st February, 2023 shall now be read as under:

"I.A. No. 3412/2023 (condonation of delay)

1. The present application has been filed by the applicant/defendant seeking condonation of delay of 19 days in filing the reply to the petition.

2. For the reasons stated in the application, the application is allowed and the delay of 19 days in filing the reply is condoned. The reply filed by the applicant/defendant is directed to be taken on record.

3. The application is disposed of. O.M.P.(COMM) 417/2022

1. ......."

6. The application is disposed of.

CHANDRA DHARI SINGH, J MAY 3, 2023 SV/DB Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:04.05.2023 18:07:27

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Delhi High Court - Orders