Delhi High Court - Orders
Strides Pharma Science Limited vs Round The Clock Logistics Private ... on 11 March, 2024
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 438/2023 & I.A. 11646/2023,I.A. 11857/2023
STRIDES PHARMA SCIENCE LIMITED ..... Plaintiff
Through: Mr. Sukrit R. Kapoor and Mr. Aviral
Tripathi, Advocates.
versus
ROUND THE CLOCK LOGISTICS PRIVATE LIMITED & ORS.
..... Defendants
Through: Mr. Kartikey Mathur and Mr.
Shankar, Advocates for D-2.
Mr. Swapnil Srivastava, Mr. Jayesh
Srivastava, Advocates with AR of
defendant No.3.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 11.03.2024 I.A. 15346/2023 By way of the present application filed under section 151 of the Code of Civil Procedure 1908 ('CPC'), the plaintiff seeks leave to add the Directors of defendant No. 3 company as party-respondents in the application bearing I.A No. 14322/2023 filed under Order XXXIX Rule 2A CPC, whereby the plaintiff alleges wilful disobedience of the mandatory injunction issued by this court vide judgement dated 28.07.2023 in I.A No. 11644/2023.
2. Notice on this application was issued on 17.08.2023.
3. No reply was filed by the defendants; and the right of the defendants to file a reply was closed vide order dated 28.02.2024.
This is a digitally signed order. CS(COMM) 438/2023 Page 1 of 3The 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 22/03/2024 at 22:31:53
4. Learned counsel appearing for the plaintiff submits that vide judgement dated 28.07.2023 passed in I.A. No. 11644/2023, the court had directed defendant No.3 to release to the plaintiff all original documents/bills of lading in the possession of the said defendant in respect of the plaintiff's consignment, alongwith such other documents in the possession of the said defendant which are required for the plaintiff to get the consignment/goods lying at the port of discharge released in its favour.
5. In the application bearing I.A No. 14322/2023 filed under Order XXXIX Rule 2A, the plaintiff has alleged that the officers of defendant No.3 are guilty of wilful disobedience of the said judgement/directions.
6. Counsel submits that defendant No.3 is a private limited company and the wilful disobedience of the mandatory directions issued by this court is therefore attributable directly to the 02 Directors of the said company, who must be made accountable by impleading them as parties in the application.
7. In view of the fact that no reply has been filed by defendant No. 3 till date and their right to do so has been closed vide order dated 28.02.2024; and considering the allegations and the prayer made in it, the application is allowed, thereby impleading the 02 Directors of defendant No.3 as party-respondents in the present application.
8. Amended Memo of Parties appended to the application is taken on record.
9. The application is disposed-of.
This is a digitally signed order. CS(COMM) 438/2023 Page 2 of 3The 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 22/03/2024 at 22:31:53 I.A. 14322/2023 (under Order XXXIX Rule 2A CPC)
10. Notice on this application was issued on 03.08.2023
11. The application alleges wilful disobedience of order dated 28.07.2023 by the defendant No.3/company.
12. Defendant No.3 has filed reply dated 24.08.2023to the present application.
13. However, since the 02 Directors of defendant No.3 company have been impleaded as party-respondents in the present application by the above order, issue notice to the newly impleaded respondents Nos. 6 and 7. Mr. Swapnil Srivastava, learned counsel appearing for defendant No.3 accepts notice on their behalf; and seeks time to file reply.
14. Let reply be filed by the newly impleaded respondents within 06 weeks; rejoinder thereto, if any, be filed within 04 weeks thereafter; with copies to the opposing counsel.
15. Re-notify on 23rd July 2024.
CS(COMM) 438/2023 & I.A. 11646/2023 & I.A. 11857/2023 & I.A. 12863/2023
16. Re-notify before court on 23rd July 2024.
17. The date of 09.07.2024 before learned Joint Registrar shall remain as-
is.
ANUP JAIRAM BHAMBHANI, J MARCH 11, 2024 V.Rawat This is a digitally signed order. CS(COMM) 438/2023 Page 3 of 3 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 22/03/2024 at 22:31:54