Delhi High Court - Orders
Mehima Nanda & Anr vs Amritpal Nanda & Ors on 25 January, 2024
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 595/2022, I.As. 15690/2022, 15691/2022 & 2554/2023
MEHIMA NANDA & ANR. ..... Plaintiff
Through: Mr. Karan Nagrath, Ms. Niharika
Nagrath, Ms. Nupur Kumar, Mr.
Ambuj Tiwari, Mr. Arjun Nagrath,
Advs. (M. 7428650450)
versus
AMRITPAL NANDA & ORS. ..... Defendants
Through: Mr. Arkaj Kumar, Ms. Tanya
Aggarwal, Mr. Aakarsh Mishra,
Advs. for D-1 to 5 (M. 9810478949)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 25.01.2024
1. This hearing has been done through hybrid mode. I.A. 2554/2023(for delay)
2. The present application seeks condonation of delay in filing the written statement of Defendant Nos.1 to 5. The admitted position is that summons were issued in this suit on 23rd September, 2022 and were received by the Defendant on 7th October, 2022. The written statement has a filing date of 2nd February, 2023 which is just on the verge of the expiry of 120 days.
3. Considering the fact that Plaintiff No.1 and 2 are the daughter-in-law and the minor grand-daughter of Defendant No.1 as also that the husband of the Plaintiff has also passed away, Plaintiff No. 1 is seeking partition of the assets and the businesses which were being run jointly by her husband along with his brother who is Defendant No.2. As this is a family dispute, the 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 30/01/2024 at 21:23:13 delay in filing the written statement is condoned, subject to a payment of Rs. 1,00,000/- in costs to the Plaintiff. The costs shall be paid within two weeks. The written statement is taken on record. Application is disposed of.
I.A. 15690/2022 (for delivery of interrogatories of Defendant)
4. The reply to the interrogatories' application has been filed and as per Defendants they have answered the interrogatories.
5. Accordingly, the application is disposed of with the direction that if there is any information that the Plaintiff wishes to seek, after considering the reply filed, the Plaintiff is free to move an application. Application is disposed of.
CS(OS) 595/2022 & I.A. 15691/2022(for stay)
6. Let the replication be now filed within the time prescribed.
7. List before the Joint Registrar on 27th March, 2024.
8. List before Court on 17th May, 2024.
PRATHIBA M. SINGH, J.
JANUARY 25, 2024 dj/am 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 30/01/2024 at 21:23:13