Allowed

Kedar Nath Gupta and Sons (Huf) v. M/S Parsavnath Developers Ltd.

Delhi HC8 Jan 2025CM(M)/4224/2024

Case brief

AI extract

What is this about?

This order allowed a petition seeking directions to the Trial Court to decide a pending suit regarding interest expeditiously. The High Court directed the Trial Court to adjudicate the matter within six months.

What did the court decide?

Directions issued to the Trial Court to adjudicate the question of interest as expeditiously as possible, preferably within six months.

Kedar Nath Gupta and Sons (Huf) Vs M/S… — Civil Procedure and Limitation | Delhi HC (2025)

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$~17

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CM(M) 4224/2024

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KEDAR NATH GUPTA AND SONS (HUF) .....Petitioner

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Through: Mr. Ashwani Kumar Gupta, Advocate.

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versus

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M/S PARSAVNATH DEVELOPERS LTD. .....Respondent Through:

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CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA

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O R D E R

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% 08.01.2025 CM APPL. 76493/2024 (Exemption)

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Allowed, subject to all just exceptions.

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This application stands disposed of.

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CM(M) 4224/2024

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The present petition has been filed for issuing directions to the Trial Court to decide the suit in a time-bound manner.

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The petitioner had earlier filed CM (M) 1492/2018, which was disposed of vide order dated 30.11.2021. The extract of the relevant paragraph of order dated 30.11.2021 is reproduced below:-

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“15. The question whether the interest is payable on the amount of Rs. 4,50,655/-, would be determined by the trial court during the trial of the suit along with the rate of interest, uninfluenced by any observation made by this Court. Since the only question to be adjudicated by the trial Court is in respect interest payable, trial court shall endeavour to expeditiously decide the suit.”

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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 24/01/2025 at 12:27:06

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Learned counsel for petitioner submits that in three years’ time, the Trial Court has not adjudicated the question of interest and the matter is now listed before the Trial Court on 10.03.2025.

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The Court takes note of the directions issued vide order dated 30.11.2021 and considering that only a short question regards the interest is to be adjudicated, the present petition is disposed of with directions to the Trial Court to adjudicate the question of interest as expeditiously as possible and preferably within a period of six months.

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Learned counsel for the petitioner is at liberty to bring this order to the notice of the Trial Court for expediting the proceedings. Advocates of both sides are requested to render their due cooperation to the Trial Court.

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RAVINDER DUDEJA, J

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JANUARY 8, 2025/ vp

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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 24/01/2025 at 12:27:06

Kedar Nath Gupta and Sons (Huf) v. M/S Parsavnath Developers Ltd.

Case brief

What is this about?

What did the court decide?

Kedar Nath Gupta and Sons (Huf) v. M/S Parsavnath Developers Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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