Delhi High Court - Orders
Dayal D. Shahdadpuri vs C.N.A. Exports Pvt. Ltd & Ors on 3 January, 2022
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~7 to 10 & 14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 118/2007, CRL.M.A. 11787/2011, I.As. 2448/2013,
17588/2013, 3328-31/2020, 3349/2020, 3351/2020, 3353/2020,
3355/2020, 4114/2020 & 5372/2020
DAYAL D. SHAHDADPURI ..... Plaintiff
Through: Ms. Mansi Sharma, Advocate.
Mr. Rishi K S Gautam, Advocate for
Ms. Jamna Datwani.
Mr. Anand Datwani, in person.
versus
C.N.A. EXPORTS PVT. LTD & ORS. ..... Defendants
Through: Mr. Abhimanyu Mahajan,
Ms. Anubha Goel and Mr. Mayank
Joshi, Advocates for D-6.
+ CS(OS) 1113/2007, I.As. 472-73/2020 & 5057/2020
JANAK DATWANI ..... Plaintiff
Through: Mr. Abhimanyu Mahajan,
Ms. Anubha Goel and Mr. Mayank
Joshi, Advocates.
Mr. Rishi K S Gautam, Advocate for
Ms. Jamna Datwani.
Mr. Anand Datwani, in person.
versus
C.N.A. EXPORTS PVT. LTD. AND ORS. ..... Defendants
Through:
+ CS(OS) 556/2008, I.As. 4107/2020, 4109/2020, 4131/2020, 4133-
34/2020, 5081-83/2020
Signature Not Verified
Digitally Signed CS(OS) 118/2007 & connected matters Page 1 of 5
By:SAPNA SETHI
Signing Date:03.01.2022
20:11:29
SMT.JAMNA DATWANI AND ANR. ..... Plaintiffs
Through: Mr. Rishi K S Gautam, Advocate for
Ms. Jamna Datwani.
versus
SH. ANAND DATWANI AND ORS. ..... Defendants
Through: Mr. Abhimanyu Mahajan,
Ms. Anubha Goel and Mr. Mayank
Joshi, Advocates for D-3.
Ms. Mansi Sharma and Mr. Anindit
Mandal, Advocates for D-5.
Mr. Siddhant Jain, Advocate for D-11
(Pacifica (India) Projects Pvt. Ltd.).
Mr. Anand Datwani, in person.f
+ CS(OS) 1798/2011, I.As. 10083/2020, 10140/2020 & 10146-
148/2020
JANAK DATWANI ..... Plaintiff
Through: Mr. Abhimanyu Mahajan,
Ms. Anubha Goel and Mr. Mayank
Joshi, Advocates.
Mr. Rishi K S Gautam, Advocate for
Ms. Jamna Datwani.
Mr. Anand Datwani, in person.
versus
PACIFICA (INDIA) PROJECTS PVT. LTD & ORS ..... Defendants
Through: Mr. Siddhant Jain, Advocate for D-1.
+ CS(OS) 155/2021 & I.As. 3707-08/2021, 8667/2021
JANAK DATWANI ..... Plaintiff
Through: Mr. Abhimanyu Mahajan,
Ms. Anubha Goel and Mr. Mayank
Signature Not Verified
Digitally Signed CS(OS) 118/2007 & connected matters Page 2 of 5
By:SAPNA SETHI
Signing Date:03.01.2022
20:11:29
Joshi, Advocates.
versus
KISHIN DATWANI ..... Defendant
Through: Mr. Vivek Sharma, Advocate.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 03.01.2022
[VIA VIDEO CONFERENCING]
1. At the outset, Mr. Mahajan pointed out that one of the matters i.e., CS(OS) 244/2013 - which has to be heard along with the present suits, is not listed today. He further submits that vide order dated 9th March, 2021 passed in CM (Main) No. 1376/2018 and CM (Main) No. 867/2018, the Court noted that the said petitions have to be heard prior to the suits, which stand consolidated.1
2. Mr. Vivek Sharma, counsel for the Defendant,2 submits that his application3 under Order 7 Rule 11 of the Code of Civil Procedure, 1908 [hereinafter, "CPC"] in CS(OS) 155/2021 - has substantial merit, and in case Court were to consider the same, in all likelihood, the plaint would be rejected. On this premise he submits that the said application be considered first, independent of other suits and petitions. On the other hand, Mr. Abhimanyu Mahajan, counsel for Plaintiff in the same suit, pointed out that there are six suits which have been consolidated, and hence, they have to be 1 Being CS(OS) 118/2007, CS(OS) 1113/2007, CS(OS) 556/2008, CS(OS) 1798/2011, CS(OS) 244/2013 and CS(OS) 155/2021.
2In CS(OS) 155/2021.
3Being IA 8667/2021.
Signature Not Verified Digitally Signed CS(OS) 118/2007 & connected matters Page 3 of 5 By:SAPNA SETHI Signing Date:03.01.2022 20:11:29heard together along with the other connected matters.
3. In this background, when the matters were being adjourned, Mr. Sharma pressed the application under Order 7 Rule 11 of the CPC. Accordingly, the Court called upon Mr. Sharma to commence arguments. While making submissions, Mr. Sharma referred to the written submissions filed at the stage when the matter was before the Patiala House Court - which could not be traced on record. During further submissions, upon certain queries raised by this Court, Mr. Sharma was unable to assist as he only has written submissions in his hand.
4. In these circumstances, the Court has no other option but to adjourn the proceedings.
5. At this stage, Mr. Anand Datwani, who appears in person,4 states that he is represented by Adv. Suresh Singh - who is travelling and is therefore unable to appear before this Court. He requests that matter be listed in the month of March. However, he clarifies that there is no consent between the parties for the CM (Main) petitions to be heard before proceeding to frame issues in the other suits. He further states that the proposed issues were exchanged between the counsels, however, he is unable to provide the copy thereof to the Court, stating that "he is not tech savvy".
6. Ms. Mansi Sharma, counsel, supports Mr. Mahajan's submission that the CM (Main) petitions have to be heard before the Court proceeds to frame the issues.
7. Per contra, Mr. Sharma also states that there is no agreement between the parties that CM (Main) petitions be heard first and be given primacy.
8. Having considered the submissions of the counsels, since the Court Signature Not Verified Digitally Signed CS(OS) 118/2007 & connected matters Page 4 of 5 By:SAPNA SETHI Signing Date:03.01.2022 20:11:29 has proceeded to very briefly hear Mr. Sharma on the Order 7 Rule 11 application, the same shall be considered on the next date of hearing. In the meantime, Mr. Sharma is directed to ensure that the written submissions, if not already on the file of the Court, be placed on record, and he be ready to assist the Court and address arguments on the afore-said application.
9. Further, counsel for the parties are directed to file proposed issues in all the suits within a period of four weeks from today.
10. The CM (Main) petitions be also listed along with the present suits and CS(OS) 244/2013 , on the next date of hearing.
11. Re-notify on 7th March, 2022.
SANJEEV NARULA, J JANUARY 3, 2022 nk 4 In CS(OS) 118/2007, CS(OS) 1113/2007, CS(OS) 556/2008 and CS(OS) 1798/2011.
Signature Not Verified Digitally Signed CS(OS) 118/2007 & connected matters Page 5 of 5 By:SAPNA SETHI Signing Date:03.01.2022 20:11:29