M/S. H G Retail Solutions Pvt. Ltd vs Rajiv Kumar Saxena on 2 May, 2022

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Delhi High Court - Orders

M/S. H G Retail Solutions Pvt. Ltd vs Rajiv Kumar Saxena on 2 May, 2022

Bench: Jasmeet Singh

                          $~48
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     CRL.M.C. 1965/2022
                                M/S. H G RETAIL SOLUTIONS PVT. LTD.       ..... Petitioner
                                                Through: Mr Rohan Dewan, Ms Shraddha
                                                         Bhargava and Mr Rohit, Advs.
                                                versus
                                RAJIV KUMAR SAXENA                              ..... Respondent
                                             Through:           Mr Aseem Mehrotra, Adv.
                                CORAM:
                                HON'BLE MR. JUSTICE JASMEET SINGH
                                             ORDER

% 02.05.2022 CRL.M.A. 8358/2022 Exemption allowed, subject to all just exceptions. The application stands disposed of.

CRL.M.A. 8360/2022

This is an application seeking condonation of delay in re-filing the petition.

In view of the submissions made by learned counsel for the petitioner and for the reasons stated in the application, the delay in re-filing the petition is condoned.

The application stand disposed of.

CRL.M.C. 1965/2022

This is a petition seeking setting aside of order dated 01.04.2021 in Rev. Pet. No. 366/2017 passed by learned ASJ-5, South East, Saket Courts, New Delhi.

In the impugned order dated 01.04.2021 the revision petition filed by the petitioner assailing the order dated 23.02.2015 where summons were Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:13.05.2022 17:02:35 issued under Sections 138 of the Negotiable Instruments Act, 1881, was dismissed.

It is submitted by Mr Rohan Dewan, learned counsel appearing for the petitioner that both the learned Metropolitan Magistrate as well as the learned Sessions Court fell into error in computing the limitation under Sections 138 N.I. Act. He submits that the date of delivery of demand notice would be deemed to be 04.10.2014 when the petitioner refused delivery of the notice and not 07.10.2014 when one of the notices was refused and also the intimation of refusal was received by the respondent.

Issue notice.

Mr Mehrotra, learned counsel for the respondent accepts notice. He seeks and is granted four weeks to place on record judgments in his support. He also submits that the petitioner should be directed to file a Board Resolution.

Let the petitioner also file a Board Resolution in support of the signatories to the present petition.

List on 17.10.2022.

CRL.M.A. 8359/2022 (for stay) Issue notice.

Mr Mehrotra, learned counsel for the respondent accepts notice. Reply, if any, be filed within four weeks. Rejoinder thereto, if any, be filed before the next date.

List on 17.10.2022.

JASMEET SINGH, J MAY 2, 2022/sr Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:13.05.2022 17:02:35

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Delhi High Court - Orders