Allowed

Uniworld Transerv Private Limited v. Bansal Oil Lubricants Co.

Delhi HC16 May 2024CM(M)/2582/2024

Case brief

AI extract

What is this about?

The Delhi High Court allowed the petitioner's application for liberty to file written submissions and move an appropriate application for oral hearing in the subordinate trial court, subject to all just exceptions, and disposed of the petition.

What did the court decide?

Permission granted to withdraw the petition and liberty to file written submissions and an application for oral hearing in the Trial Court.

Uniworld Transerv Private Limited Vs Bansal Oil… — Civil Procedure and Limitation | Delhi HC (2024)

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$~65

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CM(M) 2582/2024

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UNIWORLD TRANSERV PRIVATE LIMITED ..... Petitioner

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Through: Mr. Archit Singhal & Ms. Ritu Jain, Advs.

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versus

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BANSAL OIL LUBRICANTS CO ..... Respondent

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Through:

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CORAM:

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HON'BLE MS. JUSTICE SHALINDER KAUR O R D E R % 16.05.2024

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CM APPL. 29279/2024—Exp.

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Allowed, subject to all just exceptions.

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Application stands disposed of.

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CM(M) 2582/2024, CM APPL. 29280/2024—stay, CM APPL.

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29281/2024—Exp. From filing TCR

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The present petition has been filed under Article 227 of the Constitution of India read with Section 151 Code of Civil Procedure, 1908 (hereinafter referred as „CPC‟) impugning the order dated 03.05.2024 passed by the learned District Judge (Commercial Court)-03, West District, Tis Hazari Courts, Delhi (hereinafter referred as „Trial Court‟) in CS(COMM) No. 132/2023 titled as “ Uniworld Transerv Pvt. Ltd. Through A.R. Amit Gogna vs. Bansal Oil and Lubricants Co. Through its Proprietor Mr. Himanshu Bansal ”.

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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 18/05/2024 at 11:29:37

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Learned counsel for the petitioner states that on 03.05.2024, he could not appear before the learned Trial Court to address arguments on the application under Order XI CPC. Arguments of the defendants were heard and the matter is listed for orders on the said application on 17.05.2024 without granting an opportunity of being heard on the application to the petitioner.

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Learned counsel for the petitioner further submits that he has been granted liberty to file written submissions with respect to the application as well as the final arguments to be addressed which is not an appropriate opportunity of being heard and he has oral submissions to make before the learned Trial Court.

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Learned counsel for the petitioner states that with respect to address oral arguments, he shall move an appropriate application as per law before the learned Trial Court which he shall e-file today with an advance copy to the opposite side for which liberty be granted and he seeks permission to withdraw the present petition from this Court.

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Permission and liberty as prayed for is granted.

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The learned Trial Court to consider the application, if filed by the learned counsel for the petitioner on 17.05.2023 and dispose it off as per law.

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With the above observations, petition stands disposed of.

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The copy of order be given dasti under the signatures of Court Master, as requested.

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SHALINDER KAUR, J.

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MAY 16, 2024/ ab

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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 18/05/2024 at 11:29:37

Uniworld Transerv Private Limited v. Bansal Oil Lubricants Co.

Case brief

What is this about?

What did the court decide?

Uniworld Transerv Private Limited v. Bansal Oil Lubricants Co.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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