Dismissed

M/S Centexcel Plastics Pvt. Ltd. v. M/S B L Kashyap & Sons Ltd. (Blk)

Delhi HC4 Mar 2016FAO(OS)/653/2015

Case brief

AI extract

What is this about?

The High Court of Delhi condoned an 8-day delay in filing an appeal. The court permitted the appellant to file an independent appeal regarding the rejection of IA No.16968/2011. The instant appeal concerning IA No.16968/2011 was dismissed as withdrawn.

What did the court decide?

The appeal regarding IA No.16968/2011 was dismissed as withdrawn; fresh independent appeal permitted regarding IA No.19503/2014.

M/S Centexcel Plastics Pvt. Ltd. Vs M/S B L… — Civil Procedure and Limitation | Delhi HC (2016)

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$~3

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- FAO(OS) 653/2015

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M/S CENTEXCEL PLASTICS PVT LTD ..... Appellant Represented by: Mr.D.K.Rustagi, Advocate with Mr.B.S.Bagga, Ms.Vasundhra Bhardwaj, Advocates

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versus

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M/S B L KASHYAP & SONS LTD (BLK) ..... Respondent Represented by: Mr.Abhimanyu Mahajan, Adv.

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

O R D E R

% 04.03.2016

CM No.28266/2015

For the reasons stated in the application 8 days delay in filing the appeal is condoned. FAO(OS) 653/2015

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Impugned order, though factually one but is conceptually two. IA No.19503/2014 under Order VII Rule 11 of the Code of Civil Procedure filed by the appellant praying that counter claim filed by the defendant be rejected as also IA No.16968/2011 filed by the appellant under Order XXXIX Rule 10 of the Code of Civil Procedure have been decided, declining relief prayed for. FAO(OS) 653/2015 page 1 of 2

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page 1 of 2

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Thus, two independent appeals had to be filed against the impugned order, one concerning rejection of IA No.19503/2014 and other concerning rejection of IA No.16968/2011.

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Permitting appellant to file a second appeal we have called upon learned counsel for the appellant to opt whether instant appeal lays a challenge to the rejection of IA No.19503/2014 or IA No.16968/2011. Learned counsel states that instant appeal be restricted to rejection of IA No. 16968/2011.

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Noting as above, we permit the appellant to file an independent appeal against the impugned order concerning IA No.19503/2014.

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As regards instant appeal being restricted to IA No.16968/2011, learned counsel for the appellant states that he does not wish to press the appeal which may be dismissed as withdrawn.

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The appeal is dismissed as withdrawn.

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No costs.

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PRADEEP NANDRAJOG, J.

MUKTA GUPTA, J.

MARCH 04, 2016

‘skb’

FAO(OS) 653/2015

page 2 of 2

M/S Centexcel Plastics Pvt. Ltd. v. M/S B L Kashyap & Sons Ltd. (Blk)

Case brief

What is this about?

What did the court decide?

M/S Centexcel Plastics Pvt. Ltd. v. M/S B L Kashyap & Sons Ltd. (Blk)

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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