Gagan Deep Dugal & Ors vs Religare Housing Development Finance ... on 6 February, 2023

[Cites 3, Cited by 0]

Delhi High Court - Orders

Gagan Deep Dugal & Ors vs Religare Housing Development Finance ... on 6 February, 2023

Bench: Tushar Rao Gedela

                          $~45
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CM(M) 788/2022
                                 GAGAN DEEP DUGAL & ORS.                ..... Petitioners
                                              Through: Ms Kanika Agnihotri, Mr. Shaurya
                                                       Rohit and Mr. Rohan, Advs.

                                                        versus

                                 RELIGARE HOUSING DEVELOPMENT FINANCE
                                 CORPORATION LTD.                        ..... Respondent
                                              Through: Mr. Sanjiv Kakra, Sr. Adv. with Mr.
                                                       Sandeep Das, Mr. Vipin Tyagi, Mr.
                                                       Tejasvi Mahajan, Advs.

                                 CORAM:
                                 HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
                                                  ORDER

% 06.02.2023 [ The proceeding has been conducted through Hybrid mode ] CM APPL. 5750/2023 (Summoning of records)

1. The petitioners/applicant are seeking to summon the records of CM (M) No.1562/2018 titled as "Gagan Deep Dugal & Ors. Vs. Religare Housing Development Finance Corporation Ltd." which was disposed of by this Court on 01.12.2022 to be considered along with the present petition.

2. Mr. Kakra, learned senior counsel appearing for the respondent has no objection in view of the order dated 01.12.2022 passed in CM (M) No.1562/2018.

3. Needless to state that the same is without prejudice to the rights and contentions of the respondent herein.

Signature Not Verified Digitally Signed CM(M) 788/2022 1 By:VINOD KUMAR Signing Date:09.02.2023 16:58:04

4. Application stands disposed of.

CM APPL. 5752/2023 (Exemption)

5. For the reasons stated in the application, the same is allowed.

6. Application stands disposed of.

7. However, the petitioners/applicants may file the properly attested affidavit within one week from today. CM APPL. 5751/2023 (under Order VI Rule 17 CPC)

8. This is an application filed by the petitioners/applicants under Order VI Rule 17 CPC r/w Section 151 CPC, 1908 seeking to amend the prayers in the petition to include the challenge of the order dated 02.05.2022.

9. The following amendments are proposed in the prayer paragraphs:-

"(i.) Set aside order dated 06.07.2022 along with Order dated 02.05.2022 passed by the Hon'ble NCDRC in Consumer Complaint No. 2609 of 2018;

(ii.) Direct the Respondent to not charge any further amounts to the Petitioners under the garb of equal monthly instalments till final disposal of the Complaint;

(iii.) Declare that the right of Respondent Bank to file Written Version stood closed after elapse of 45 days from the date the notice & complaint was served on the Respondent; (iv.) Direct that the Complaint No. 2609 of 2018 be decided expeditiously;

(v.) Pass any other direction/order that this Hon'ble Commission deems fit in the interest of justice and equity."

10. The said issue is already covered in para 1 of the petition.

11. Ms. Agnihotri, learned counsel submits that in principal and in effect, vide the present petition, the petitioners have challenged the Signature Not Verified Digitally Signed CM(M) 788/2022 2 By:VINOD KUMAR Signing Date:09.02.2023 16:58:04 order dated 02.05.2022 which was passed by the learned Commission and points out to prayer (iii) of the petition as well as to the grounds R, S, W and X to submit that not only the prayer was made but also the grounds challenging the two issues arising vide order dated 02.05.2022 of the Commission were challenged.

12. Per contra, Mr. Kakra, learned senior counsel appearing for the respondent has vehemently opposed the prayer as sought in the present application on the ground that this entire exercise is only to delay the disposal of the present petition as well as to enlarge the scope of the petition, which is not permissible.

13. Be that as it may, issue notice.

14. Notice is accepted by learned counsel appearing for the respondent. Learned senior counsel for the respondent submits on instructions that reply will be filed within one week.

15. Rejoinder thereto, be filed before the next date of hearing.

16. List on 16.02.2023 at 03:30 pm, the date already fixed along CM(M) 788/2022.

TUSHAR RAO GEDELA, J FEBRUARY 6, 2023 ms Signature Not Verified Digitally Signed CM(M) 788/2022 3 By:VINOD KUMAR Signing Date:09.02.2023 16:58:04

Unlock Advanced Research with PRISMAI

Delhi High Court - Orders