Dismissed

Ms Somdatt Builders Pvt. Ltd. and Shrinet Shandilya Construction Pvt. Ltd. Jv Thr Sanjay Pratap Singh v. Ms Delta Infra Limited through Mr Bhalchandra Sadhale Dy General Manager

Jharkhand HC6 Apr 2023COM.APPEAL/6/2022

Case brief

AI extract

What is this about?

The High Court of Jharkhand dismissed the commercial appeal for lack of production of underlying proceedings, granting liberty to file a fresh appeal with proper documents.

What did the court decide?

Liberty granted to appellants to file a fresh appeal within 30 days with proper pleadings and documents.

What the court decided

Ms Somdatt Builders Pvt. Ltd. and Shrinet… — Contract and Commercial Disputes | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Commercial Appeal No. 06 of 2022

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------

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M/s Somdatt Builders Private Limited & Shrinet Shandilya Construction Private Limited (JV) a joint venture having its office at 56-58, Community Centre, East of Kailash, New Delhi represented through Mr. Sanjay Pratap Singh, son of late Jagdish Singh having its office at 143 1^st Floor, Tribhuwan Complex, Ishwar Nagar, Mathura Road, New Delhi and others.

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… … Appellants

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Versus

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M/s. Delta Infra Limited having its registered office at 17, Shilin Center, 40, GD Ambedker Marg, Wadala West, Mumbai through Mr. Bhalchandra Sadhale, Deputy General Manager, Commercial & Accounts, authorized signatory on behalf of Delta Infra Ltd., resident of B 42, Brook Haven JVLR, near Majas Depot, Jogeshwari (E), Mumbai and others … Respondents

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CORAM : HON’BLE MR. JUSTICE SHREE CHANDRASHEKHAR

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HON’BLE MR. JUSTICE RATNAKER BHENGRA

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For the Appellant(s) : Mr. Arpan Mishra, Advocate For the Respondent(s) : Mr. Manoj Kumar, Advocate

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Order No.02/ Dated: 6th April 2023

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The main ground to challenge the order dated 4^th February 2020 has been stated in paragraph No. 12 of the memorandum of appeal which reads as under:

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“2. That thereafter the matter was listed on 05.09.2018, 24.11.2018, 15.12.2018, 08.01.2019, 01.02.2019, 16.02.2019, 16.03.2019, 18.04.2019, 23.05.2019, 20.06.2019, 20.07.2019, 17.08.2019, 19.09.2019, 11.11.2019, 06.12.2019 and 06.01.2020 in all these dates the counsel of the appellant-Defendant no.1 had appeared and filed attendance and except 18.04.2019, 20.07.2019, 17.08.2019, 11.11.2019, 06.12.2019, 06.01.2020 on all other dates the matter was adjourned either on the joint request or for other reasons.”

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Surprisingly, the aforesaid proceedings in the Commercial Case No. 81 of 2014 have not been produced by the appellants.

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While so, the present Commercial Appeal No. 06 of 2022 is dismissed with the liberty to the appellants to file a fresh Appeal within 30 days, if so advised, with proper pleadings and documents annexed therewith.

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(Shree Chandrashekhar, J.)

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(Ratnaker Bhengra, J.)

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SB/KNR

Ms Somdatt Builders Pvt. Ltd. and Shrinet Shandilya Construction Pvt. Ltd. Jv Thr Sanjay Pratap Singh v. Ms Delta Infra Limited through Mr Bhalchandra Sadhale Dy General Manager

Case brief

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Ms Somdatt Builders Pvt. Ltd. and Shrinet Shandilya Construction Pvt. Ltd. Jv Thr Sanjay Pratap Singh v. Ms Delta Infra Limited through Mr Bhalchandra Sadhale Dy General Manager

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