Delhi High Court - Orders
Md. Islamuddin vs S S Kapoor on 20 October, 2022
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~51 (Appellate)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 1137/2022 & CM APPL. 45868/2022
MD. ISLAMUDDIN ..... Petitioner
Through: Mr. Sanjeev Kumar, Advocate.
versus
S S KAPOOR ..... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 20.10.2022 CM APPL. 45869/2022(Exemption)
1. Exemption allowed subject to all just exceptions.
2. Application stands disposed of.
CM(M) 1137/2022 & CM APPL. 45868/2022 (Stay)
3. Mr. Sanjeev Kumar, learned counsel for petitioner submits that the learned ADJ has taken a needlessly stringent view in the matter, without appreciating the fact that the suit was filed in the midst of the COVID-19 pandemic and that the additional documents which were sought to be placed on record are four invoices which were pivotal for adjudication of the issue.
4. In view thereof, issue notice. Notice be served on the respondent by all modes including dasti as well as through learned Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CM(M) 1137/2022 Page 1 of 2 Signing Date:31.10.2022 13:16:50 Counsel who appears on behalf of the respondent before the learned ADJ, if any.
5. Reply, if any, be filed within one week, with advance copy to learned Counsel for the petitioner who may file rejoinder thereto, if any, before the next date of hearing.
6. As the issue is short, list the matter for disposal on the top of the board on 1st November, 2022.
7. The requirement of payment of costs imposed by learned District Judge (Commercial Court) vide impugned order shall remain stayed till the next date of hearing.
C. HARI SHANKAR, J OCTOBER 20, 2022/hk Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CM(M) 1137/2022 Page 2 of 2 Signing Date:31.10.2022 13:16:50