Partly allowed

M/S Sparsh Builders Pvt. Ltd. v. M/S Dev Infrastructures Pvt. Ltd. & Ors.

Delhi HC19 Feb 2016FAO(OS)/168/2015

Case brief

AI extract

What is this about?

The Apex Court condoned delays in filing appeals and contempt applications. It set aside an order denying a window to file a written statement due to pendency of party deletion applications under Order I Rule 10 CPC, granting appellants 30 days to respond.

What did the court decide?

Delay condoned; appeals allowed; order setting aside right to file written statement set aside; 30 days granted to file written statement.

M/S Sparsh Builders Pvt. Ltd. Vs M/S Dev Infrastructures… — Property and Title | Delhi HC (2016)

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Signature Not Verified FAO(OS) Nos. 127/2015,162/2015,164/2015 and 168/2015 Digitally Signed By:AM UL YA

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M/S DEV INFRASTRUCTURES PVT LTD & ORS Respondent Represented by: Mr.Dhananjay Shahi, Adv.

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CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA

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ORDER % 19.02.2016

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CM 6099/2016 (by R-1 & R-2) in FAOCOS) 127/2015

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For the reasons stated in the application 118 days delay in filing reply to the appeal and reply to CM Nos.5125-5126/2015 is condoned. 2. The replies filed are taken on record.

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CM 6096/2016 (by R-1 & R-2^ in FAGIOS) 162/2015

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For the reasons stated in the application 118 days delay in filing reply to the appeal and reply to CM Nos.6309-6310/2015 is condoned. 2. The replies filed are taken on record.

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CM 6098/2016 (by R-1 & R-21 in FAOCOS) 164/2015

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For the reasons stated in the application 118 days delay in filing reply to the appeal and reply to CM Nos.6315-6316/2015 is condoned.

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The replies filed are taken on record.

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CM 6100/2016 (by R-1 & R-2) in FAOIOS) 168/2015

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For the reasons stated in the application 118 days delay in filing reply to the appeal and reply to CM Nos.6341-6342/2015 is condoned.

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The replies filed are taken on record.

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CM 5126/2015 Idelav) in FAOtOS^ 127/2015 CM 6310/2015 rdelavl in FAOtOS) 162/2015 CM 6316/2015 Idelavl in FAOtOS^ 164/2015 CM 6342/2015 tdelay) in FAOtOS^ 168/2015

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FAO(OS) Nos. 127/2015,162/2015,164/2015 and 168/2015

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Page 2 of 4

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Having heard learned counsel for the parties and noting that delay in filing the appeals is of 2 days pertaining to FAO(OS) 127/2015 & FAO(OS) 168/2015 and 35 days in FAO(OS) 162/2015 & FAO(OS) 164/2015, we condone the delay in filing the appeals.

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Applications are allowed.

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FAOrOS^ 127/2015 FAOrOSi 162/2015 FAOrOSi 164/2015 FAOfOSi 168/2015

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Learned counsel for the appellants does not press the appeals concerning the view taken by the learned Single Judge that M/s.Jainco Developers Pvt. Ltd. and M/s.Sparsh Builders Pvt.Ltd. are necessary parties in the suit. However, counsel states that on account of the fact that applications filed by the two appellants under Order I Rule 10 of the Code of Civil Procedure (CPC) were pending, written statement was not filed. On January 15, 2015 the applications filed by the appellants under Order I Rule 10 of the CPC praying that their names be deleted from array of defendants was dismissed and simultaneously on same day right to file written statement was closed.

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Having perused the record of the suit and finding that applications filed by the appellants under Order I Rule 10 CPC for deletion of their names were filed in the year 2013 but unfortunately could not be decided expeditiously; and were decided on January 15, 2015, interest of justice warranted that 30 days time ought to have been granted to appellants to file written statements.

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We dispose of the appeals setting aside the second order penned in the

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FAO(OS) Nos. 127/2015,162/2015,164/2015 and 168/2015

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Page 3 of 4

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suit on January 15, 2015 closing right of the appellants to file the written statement.

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Written statements shall positively be filed by the appellants within 30 days from today.

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No cost.

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CM 5125/2015 (u/O.XLI R.5) in FAOfOSl 127/2015 CM 6309/2015 fu/Q.XLI R.5) in FAOCOSJ 162/2015 CM 6315/2015 fu/O.XLI R.5J in FAOtOSl 164/2015 CM 6341/2015 (u/O.XLI R.5) in FAOCOSl 168/2015

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Dismissed.

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"TT

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PRADEEP NANDRAJOG, J. MUKTA GUPTA, J.

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FEBRUARY 19,2016 'ga'

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FAO(OS) Nos. 127/2015,162/2015,164/2015 and 168/2015

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Page 4 of 4

M/S Sparsh Builders Pvt. Ltd. v. M/S Dev Infrastructures Pvt. Ltd. & Ors.

Case brief

What is this about?

What did the court decide?

M/S Sparsh Builders Pvt. Ltd. v. M/S Dev Infrastructures Pvt. Ltd. & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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