Delhi High Court - Orders
M/S Kuehne + Nagel Pvt. Ltd vs Mr. Prem Singhee on 28 March, 2023
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~CP-1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CCP(CO.) 1/2015
M/S KUEHNE + NAGEL PVT. LTD. ..... Petitioner
Through: Mr. Ashok Chhabra, Advocate.
versus
MR. PREM SINGHEE ..... Respondent
Through: Mr. Vishal Kapoor, Advocate.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 28.03.2023 CO.APPL. 490/2022 (under Section 151 of the Code of Civil Procedure, 1908 r/w Section 9 of the Company Court Rules for condonation of delay in filing CO.APPL. 491/2022) and CO.APPL. 491/2022 (under Section 9 of 1959 Rules, seeking restoration of above-captioned contempt petition)
1. Applicant/ Petitioner seeks restoration of contempt petition which was dismissed in default vide order 06th May, 2022 on account of no appearance on behalf of Petitioner on the said date as well as on previous dates of hearing (16th December, 2019 and 30th March, 2022). Mr. Ashok Chhabra, counsel for Applicant, states that he was regularly appearing in the matter, as is evident from earlier order sheets, however, he was unable to appear on 06th May, 2022, as he somehow missed noting the said date of hearing in his diary.
2. Considering the above and other grounds and reasons stated in CO.APPL. 490/2022, the same is allowed and delay of fifteen (15) days in filing the above application stands condoned and CO.APPL. 491/2022 Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:29.03.2023 10:54:07 seeking restoration is taken on record.
3. In view of the fore-going and for the grounds and reasons stated in CO.APPL. 491/2022, the same is allowed and CCP(CO.) 1/2015 is restored to its original number and accordingly, the said application stands disposed of.
CCP(CO.) 1/2015
4. Mr. Chhabra states that Respondents had given undertaking to pay the outstanding dues of Petitioner in eleven (11) instalments, as recorded in the order dated 14th Febraury, 2014 (in CO.PET.523/2013) of which nine (09) instalments stand paid and there is default in payment of only two (02) instalments.
5. On the next date of hearing, Mr. Prem Singhee, Contemnor/ Respondent shall remain present before the Court. However, in the event, Mr. Singhee makes the payment of outstanding dues, he need not appear personally.
6. Re-notify on 18th July, 2023.
SANJEEV NARULA, J MARCH 28, 2023 d.negi Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:29.03.2023 10:54:07