The court examined the defendant advocate's affidavit regarding how he discovered an order expunging a suit. The judge noted contradictions in the explanation and observed that the affidavit did not inspire confidence, despite issuing notice to the plaintiff.
Notice issued to plaintiff through counsel returnable on 21st April, 2020.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~3
MUKTA OJHA ..... Plaintiff
Through: None.
Versus
BIRENDRA KUMAR SINGH ..... Defendant Through: Mr. Ravi Bhushan, Adv.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW O R D E R
% 11.02.2020
website of this Court to find out the status of the new proceeding, if any initiated at the behest of the plaintiff against the defendant and more particularly against the order dated 16th July, 2019 disposing of Criminal Revisions. While searching the website for the said purpose, the search would be of the Cause List of this Court only and the order dated 2nd September, 2019 would appear only against the name of a particular Judge who had passed the order and would not be appearing in the Cause List of this Court. There is no explanation why Mr. Ravi Bhushan, Advocate, while searching for the remedy if any taken against Criminal Revisions, would visit the orders of the Judges exercising Ordinary Original Civil Jurisdiction of this Court and reach the order dated 2nd September, 2019 which can be reached only after knowing the suit number.
RAJIV SAHAI ENDLAW, J.
FEBRUARY 11, 2020 ‘bs’..
Page 2 of 2
CS(COMM) 293/2019
2 issues framed by the court
Whether the defendant advocate's explanation regarding accidental discovery of the suit number via website search is credible.
Whether the defendant is precluded from raising a challenge to the expunged order on the ground of sudden appearance on the website.
3 provisions across 1 enactments
RAJIV SAHAI ENDLAW
As recorded by the court registry
A suit of a commercial nature above the specified value, governed by the Commercial Courts Act 2015.
Judgements on the same questions, provisions and authorities, from every court
