Disposed

M/S Jay Colour Company v. M/S Surender Kumar Jain

Delhi HC29 Aug 2024CM(M)/3272/2024

Case brief

AI extract

What is this about?

Five challan petitions seeking revision against orders dismissing various applications in an underlying commercial suit were dismissed. They were set aside as not pressed by the petitioner who also sought waiver of imposed costs.

What did the court decide?

The five petitions were disposed of as not pressed. The cost of Rs. 15,000/- imposed on the petitioner was directed to be waived.

M/S Jay Colour Company Vs M/S Surender Kumar… — Contract and Commercial Disputes | Delhi HC (2024)

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$~101 to 105

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CM(M) 3268/2024 & CM APPL. 49748-49749/2024

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- CM(M) 3269/2024 & CM APPL. 49754-49755/2024

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- CM(M) 3270/2024 & CM APPL. 49756-49757/2024

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- CM(M) 3271/2024 & CM APPL. 49760-49761/2024

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- CM(M) 3272/2024 & CM APPL. 49762-49763/2024

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M/S JAY COLOUR COMPANY .....Petitioner

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Through: Mr. Shashank Rai, Advocate.

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versus

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M/S SURENDER KUMAR JAIN .....Respondent Through: Mr. S.B. Sharma, Advocate.

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CORAM:

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HON'BLE MR. JUSTICE MANOJ JAIN

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O R D E R % 29.08.2024

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All these five petitions emanate from the various orders passed by the learned Trial Court on the same date i.e. 16.08.2024 though in context of different applications moved by the petitioner, who is defending a civil suit, which is commercial in nature.

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These applications were reportedly moved under Order XII Rule 8 CPC, Order XIV Rule 5 CPC, Section 151 CPC, Order I Rule 10 CPC and Order VI Rule 17 CPC. All such applications moved by the defendant (petitioner herein) have been dismissed by the learned Trial Court.

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Learned counsel for the respondent appears on advance notice.

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After hearing arguments for some time, learned counsel for the

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CM(M) 3268/2024 & other connected matters

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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 31/08/2024 at 11:30:03

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petitioner states that without prejudice to his rights and contentions, he may be permitted to withdraw all the abovesaid five petitions. He also states that he would move appropriate application before the learned Trial Court under Order XI Rule 14 CPC seeking production of certain documents.

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In view of the above statement, all the five petitions are, hereby, disposed of as not pressed.

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Needless to say, the petitioner herein is always at liberty to move any application before the learned Trial Court which is permissible under the law. Learned Trial Court would consider any such application and would dispose that of in accordance with law.

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Before parting, Sh. Shashank Rai, learned counsel for the petitioner also states that the application seeking amendment in the written statement had been moved with the best of the bonafide intention and there was never any intent to delay the matter. It is contended that while dismissing the abovesaid applications, the defendant had been saddled with a cost of Rs.15,000/- which is to be deposited with DLSA concerned. He prays that such cost may be waived.

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Learned counsel for the respondent/plaintiff has left it to this Court to pass appropriate orders in this regard.

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Keeping in mind the overall facts and circumstances of the case, the cost of Rs.15,0000/- is directed to be waived.

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MANOJ JAIN, J

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AUGUST 29, 2024/st

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CM(M) 3268/2024 & other connected matters

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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 31/08/2024 at 11:30:03

M/S Jay Colour Company v. M/S Surender Kumar Jain

Case brief

What is this about?

What did the court decide?

M/S Jay Colour Company v. M/S Surender Kumar Jain

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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