Delhi High Court - Orders
Zee Entertainment Enterprises Ltd vs Puneet Kaul on 16 December, 2020
Author: Sanjeev Sachdeva
Bench: Sanjeev Sachdeva
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 1654/2019
ZEE ENTERTAINMENT ENTERPRISES LTD ..... Petitioner
Through Mr. Pankaj Bhagat, Advocate
versus
PUNEET KAUL ..... Respondent
Through Mr. Lavkesh Bhambhani and Mr. S.K.
Nanda, Advocates
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER
% 16.12.2020 CM APPLN. 6809/2020 (Early Hearing)
1. The hearing was conducted through video conferencing.
2. By this application, applicant/petitioner seeks early hearing of his application under Order IX Rule 4 CPC. Issue notice. Notice is accepted by learned counsel for the respondent.
3. For the reasons stated in the application, application is allowed. Application under Order IX Rule 4 CPC is taken up for consideration today.
CM APPLN. 5727/2020 (O. IX R. 4 CPC for recall of order dated 15.01.2020)
4. By this application, petitioner seeks recall of order dated 15.01.2020 whereby the petition has been dismissed for non- prosecution.
5. Issue notice. Notice is accepted by learned counsel for the Signature Not Verified Digitally Signed By:KUNAL MAGGU CM(M) 1654/2019 1 Signing Date:16.12.2020 21:39:47 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
respondent.
6. Perusal of the application shows that the petition was listed on 15.01.2020 and none appeared because of which the petition was dismissed in default.
7. Learned counsel for the petitioner submits that counsel for the petitioner because of inadvertence had noted the wrong date of 20.01.2020 and accordingly none appeared for the petitioner on 15.01.2020. Subject application has been filed on 21.01.2020 i.e. within six days of the petition being dismissed in default.
8. In my view, learned counsel for the petitioner has explained the reasons for non-appearance on 15.01.2020. Even the case diary has been filed to show that a wrong date was noted.
9. In view of the above, application is allowed. The petition is restored to its original number.
CM(M) 1654/2019 & CM APPLN. 6810/2020 (stay)
10. At the request of learned counsel for the respondent, renotify on 06.01.2020.
11. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court Master.
SANJEEV SACHDEVA, J DECEMBER 16, 2020 'rs' Signature Not Verified Digitally Signed By:KUNAL MAGGU CM(M) 1654/2019 2 Signing Date:16.12.2020 21:39:47 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.