Delhi High Court - Orders
M2K Entertaninment Pvt Ltd Anr & Anr vs North Delhi Metro Mall Pvt Ltd & Anr on 31 October, 2023
Author: Sachin Datta
Bench: Sachin Datta
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 342/2023
M2K ENTERTANINMENT PVT LTD ANR & ANR...... Petitioners
Through: Mr. Sanjeev Sindhwani, Sr. Adv.
alongwith Mr. Amit Agarwal, Mr.
Saurabh Kumar and Mr. Gaurav
Sindhwani, Advs.
versus
NORTH DELHI METRO MALL PVT LTD & ANR...... Respondents
Through: Mr. Amit Sibal, Sr. Adv. alongwith
Mr. Vikas Mehta, Mr. Hardeep
Sachdeva, Mr. Kamal Shankar, Mr.
Abhishek Awasthi, Mr. Abhyudai
Singh, Mr. Pradyumna Sharma, Ms.
Swati Sharma, Mr. Arjun Narang and
Mr. Maaz Ahmed, Advs. for R-1.
Mr. Akhil Sachar and Ms. Sunanda
Tulsyan, Advs. for R-2. (through VC)
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 31.10.2023 IA Nos. 21524/2023(Exemption on behalf of the respondent no.1 from filing the typed copies of the dim/illegible annexures alongwith affidavit)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
IA No. 21523/2023 (under Order XXXIX Rules 3 and 4 r/w Section 151 of the CPC seeking vacation of the ex-parte ad interim order dated 19.10.2023 on behalf of the respondent no.1)
3. Issue notice.
4. Learned counsel, as aforesaid, accepts notice on behalf of the non- applicants.
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 04/11/2023 at 21:18:27
5. Mr. Amit Sibal, learned senior counsel for the respondent no.1 has strenuously contended that the order dated 19.10.2023 is based on the concealment of material facts and is liable to be vacated.
6. He also contends that a copy of the petition was not supplied to the respondent no.1 in violation of Rule 6 (Chapter III) of the Delhi High Court (Original Side) Rules, 2018, which, by itself, is a valid ground for vacating the interim order.
7. Respective counsel for the parties have been heard for some time. List for further hearing on 10.11.2023.
8. The petitioners are at liberty to file a reply, if any, before the next date of hearing.
9. Subsisting interim order(s) to continue till the next date of hearing.
SACHIN DATTA, J OCTOBER 31, 2023/r 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 04/11/2023 at 21:18:27