Full Judgment Text
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decision delivered on: 04.06.2021
+ FAO (COMM) 98/2021 & CM No. 17874/2021
R A PERFUMERY WORKS PRIVATE LIMITED ..... Appellant
Through: Mr. Subhasis Sen Gupta, Mr. Shakya
Singha Sen & Ms. Sushmita Ghosh,
Advs.
versus
CHANDRA KISHORE CHAURASIA ..... Respondent
Through: Mr. Kirti Uppal, Senior Advocate
with Mr. N. K. Kantawala, Mr.
Praver Sharma, Mr. Prakhar Sharma,
Mr. Sidharth Chopra & Ms. Riya
Gulati, Advocates.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE TALWANT SINGH
RAJIV SHAKDHER, J. (ORAL):
[Court hearing convened via video-conferencing on account of COVID-19]
1. On the previous date, i.e., 01.06.2021, we had adjourned the matter to
enable the parties to arrive at a settlement in the matter.
1.1. We are told that, an attempt was made in that behalf and proposals
were exchanged, however, they did not fructify into a firm settlement.
2. Furthermore, as noted in the earlier order dated 01.06.2021, this
appeal has been preferred against the ex-parte order dated 05.03.2021
passed by the trial Court in an application instituted by the respondent/
plaintiff, under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure,
1908 (in short ‘CPC’) in C.S. (COMM.) No. 132/2021 titled as Chandra
Kishore Chaurasia vs. R. A. Perfumery Works Private Limited.
Signature Not Verified
FAO(COMM) 98/2021 Page 1 of 2
Digitally Signed
By:HARIOM
Signing Date:11.06.2021
22:54:43
2.1. The appellant/defendant, we are told, has not filed a reply to the
abovementioned application, as yet.
2.2. Given this position, Mr. Subhasis Sen Gupta, who appears on behalf
of the appellant/defendant, says that liberty be given to withdraw the present
appeal and approach the trial court for the adjudication of the
abovementioned pending interlocutory application. Mr. Sen also seeks
liberty to file a reply to the said application and/or file an application under
Order XXXIX Rule 4 of the CPC.
3. Given the aforesaid position, the appeal is dismissed as withdrawn
with liberty to the appellant/defendant to file a reply to the abovementioned
interlocutory application, and/or file a fresh application under Order XXXIX
Rule 4 of the CPC, within one week of the receipt of the copy of the order.
3.1. The concerned trial court is directed to dispose of the pending
interlocutory application and/or fresh application, if any, preferred by the
appellant/defendant, under Order XXXIX Rule 4 of the CPC at the earliest,
though not later than three weeks of the pleadings being completed.
4. The appeal is disposed of in aforesaid terms. Pending application is
also closed. The case papers shall be consigned to the record.
RAJIV SHAKDHER, J
TALWANT SINGH, J
JUNE 4, 2021/ nk
Click here to check corrigendum, if any
Signature Not Verified
FAO(COMM) 98/2021 Page 2 of 2
Digitally Signed
By:HARIOM
Signing Date:11.06.2021
22:54:43