Delhi High Court - Orders
Courtesy Honda vs Priority Builders And Developers Pvt. ... on 4 November, 2022
Author: C.Hari Shankar
Bench: C.Hari Shankar
$~43(Appellate)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 1179/2022, CM 47280/2022 & 47281/2022
COURTESY HONDA ..... Petitioner
Through: Mr. Rakesh Wadhwa and Mr.
Sahil Sharma, Advs.
versus
PRIORITY BUILDERS AND
DEVELOPERS PVT. LTD. & ANR. ..... Respondents
Through:
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 04.11.2022
1. This petition assails an interlocutory order passed on 18th July 2018 by the learned Additional District Judge ("the learned ADJ") in CS 1511/2022, whereby the defense of the petitioner, who was Defendant 2 in the suit, stands struck off.
2. The contention of the petitioner is that due service of the suit has not been effected on the petitioner.
3. Consequent to the passing of the impugned order dated 18th July 2018, CS 1511/2022 proceeded to trial and was decreed partly in favour of the respondents by a judgment and decree dated 8th April 2022.
4. The said judgment and decree stands challenged by the petitioner before a coordinate Bench of this Court in RFA 401/2022 (Courtesy Honda v. Priority Builders and Developers Pvt Ltd). In the Signature Not Verifiedsaid RFA, on 23rd September 2022, an order of interlocutory Digitally Signed CM(M) 1179/2022 Page 1 of 2 By:SUNIL SINGH NEGI Signing Date:09.11.2022 15:38:41 injunction has been passed by the coordinate Bench in which, in para 4, the coordinate Bench has clearly noted the contention of the petitioner that service in the suit has not been properly effected on it.
5. As the same contention forms the basis of the challenge, by the petitioner, to the impugned order dated 18th July 2018 in the present petition preferred under Article 227 of the Constitution of India as well as in RFA 401/2022, I deem it appropriate, to avoid the possibility of any conflicting views, that this CM(M) be also listed before the Bench which is in seisin of RFA 401/2022.
6. Accordingly, subject to orders of Hon'ble the Chief Justice, list this matter before the Bench which is in seisin of RFA 401/2022 on 14th November 2022.
C.HARI SHANKAR, J NOVEMBER 4, 2022 rb Signature Not Verified Digitally Signed CM(M) 1179/2022 Page 2 of 2 By:SUNIL SINGH NEGI Signing Date:09.11.2022 15:38:41