Appeal dismissed as withdrawn. Court granted liberty to the appellant to move an application urging contentions before the Single Judge regarding consent for preliminary decree and firm dissolution.
Liberty granted to move an application urging contentions before the learned Single Judge.
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.
$~67
DINESH GUPTA ..... Appellant Through : Sh. Yash Anand and Sh. Subodh Kumar Pathak, Advocates.
versus
NAVEEN KUMAR GUPTA ..... Respondent Through : None.
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE PRATEEK JALAN
O R D E R % 23.01.2019
The appellant is aggrieved by the orders of the learned Single Judge dated 19.09.2018 and 26.11.2018 whereby he and his wife were directed to remain present with complete sets of original documents (mentioned in the order dated 19.09.2018). The documents were referred to in paras 5 to 12 of the I.A. 23574/2014. It is urged that the plaintiff had consented when the preliminary decree was made (on 09.04.2013), and that both agreed that the firm M/s. Naveen Packers stood dissolved with effect from 31.05.2010. It is further stated that the plaintiff did not take further steps to lead evidence on the aspects it was required to.
This Court is of the opinion that the contentions sought to be urged cannot be gone into at this stage in appeal. In these circumstances, the learned counsel submits that liberty may be
Page 1 of 2
granted to move an application urging these contentions before the learned Single Judge.
Liberty granted.
In the event of such application, the learned Single Judge shall consider the averments and pass appropriate orders in accordance with law. The appeal is accordingly dismissed as withdrawn.
S. RAVINDRA BHAT, J
PRATEEK JALAN, J
JANUARY 23, 2019/ajk
Page 2 of 2
1 issue framed by the court
Whether contentions regarding consent and dissolution of the firm can be considered at this stage in the appeal.
DINESH GUPTA
NAVEEN KUMAR GUPTA
S. Ravindra Bhat
Prateek Jalan
As recorded by the court registry
An appeal to a Division Bench against an order made by a single judge on the original side of the High Court.
Judgements on the same questions, provisions and authorities, from every court
