Delhi High Court - Orders
Vidya Projects Private Limited vs Essel Infraprojects Limited & Ors on 13 September, 2024
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 501/2024
VIDYA PROJECTS PRIVATE LIMITED .....Plaintiff
Through: Mr. Kamal Mehta, Mr. Anil Kumar,
Mr. Abhishek Chauhan, Mr. Nishant
Mankoo and Mr. Aditya Raghav,
Advs.
versus
ESSEL INFRAPROJECTS LIMITED & ORS. .....Defendants
Through: Mr. Siddharth Singh, Adv. for D-1
Mr. Monish Panda and Mr. Anmol
Jassal, Advs. for D-4
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
ORDER
% 13.09.2024
CS(COMM) 501/2024
1. This suit has been filed under Order XXXVII CPC.
2. The learned counsel appearing on behalf of the defendant no. 4 submits that an appearance has been entered on behalf of defendant no. 4.
3. The learned counsel appearing on behalf of defendant no. 1 submits that a petition under Section 7 of the IBC filed against the defendant no. 1 company has been admitted and the moratorium in terms of Section 14 is in force.
4. He prays for time to place the order of the learned NCLT, Mumbai on record.
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 19/09/2024 at 08:34:39
5. Let needful be done within a period of one week.
6. Re-notify on 09.01.2025.
I.A. 31321/2024 (filed by plaintiff under Section 14 of Limitation Act read with Section 151 CPC)
7. The learned counsel appearing on behalf of the plaintiff / applicant submits that the present application was filed alongwith the suit. However, no notice in the present application has been issued.
8. He submits that the plaintiff / applicant was diligently prosecuting his remedy under Section 11 of the Arbitration and Conciliation Act, 1996 and the period spent there has to be excluded in terms of Section 14 of the Limitation Act.
9. Issue notice.
10. Learned counsel appearing on behalf of the defendant no. 4 / non-applicant, as well as, defendant no. 1 accepts notice.
11. On plaintiff taking steps, issue notice to the unrepresented defendants.
12. Let reply to the application be filed within a period of three weeks.
13. Rejoinder thereto, if any, be filed within a period of two weeks thereafter.
14. Re-notify on 09.01.2025.
VIKAS MAHAJAN, J SEPTEMBER 13, 2024 N.S. ASWAL 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 19/09/2024 at 08:34:39