Disposed

Chander Mohan v. Balvinder Kaur

Delhi HC19 Feb 2024CM(M)/1901/2024

Case brief

AI extract

What is this about?

Petitioner sought stay on arrest and other orders while an application under Section 151 CPC was pending before the Executing Court. Respondent had pending warrant applications. Court directed disposal within one month, stayed impugned orders, and permitted withdrawal of the present petition with liberty to file fresh petition if required.

What did the court decide?

Permission to withdraw petition with liberty to move fresh petition; stay granted on impugned orders dated 02.02.2024 and 05.01.2024.

Chander Mohan Vs Balvinder Kaur — Civil Procedure and Limitation | Delhi HC (2024)

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$~55

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CM(M) 1901/2024 and CM APPL. 9763/2024-stay on arrest, CM APPL. 9764/2024—stay CHANDER MOHAN ..... Petitioner

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Through: Mr. Sarthak Maggon and Mr. Ritik Arora, Advs.

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versus

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BALVINDER KAUR ..... Respondent

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Through: Mr. Pankaj Gupta, Adv.

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CORAM: HON'BLE MS. JUSTICE SHALINDER KAUR

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O R D E R % 19.02.2024

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It is submitted on behalf of the petitioner that an application under Section 151 of the Code of Civil Procedure, 1908 (CPC) has been moved before the learned Trial Court for recalling the order dated 26.08.2022 vide which the objections filed on behalf of the petitioner herein were dismissed by the learned Executing Court.

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It is submitted on behalf of the respondent herein that another application is moved by him for seeking issuance of warrants, which is also pending before the learned Trial Court. It is submitted that the aforesaid applications are listed before the learned Executing Court on 23.02.2024.

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The learned Executing Court is directed to hear the applications before it on the said date of hearing and to dispose of the applications preferably within one month.

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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 21/02/2024 at 14:36:44

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In the meanwhile, till the disposal of the application under Section 151 of the CPC moved by the petitioner herein before the learned Executing Court, the impugned orders dated 02.02.2024 and 05.01.2024 are stayed.

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At this stage, it is pointed out on behalf of the respondent that the copy of the aforesaid application filed under Section 151 of the CPC has not been furnished, though it is disputed on behalf of the petitioner. A copy of the said application be furnished to the respondent within two days.

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The learned counsel for the petitioner, in view of the above directions, seeks permission to withdraw the present petition with liberty to move fresh petition, if required.

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The permission is granted to withdrawn with liberty as prayed for.

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The present petition stands disposed of.

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SHALINDER KAUR, J.

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FEBRUARY 19, 2024 /aks

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This is a digitally signed order.

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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 21/02/2024 at 14:36:44

Chander Mohan v. Balvinder Kaur

Case brief

What is this about?

What did the court decide?

Chander Mohan v. Balvinder Kaur

Case brief

What is this about?

What did the court decide?

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