Gulshan Kumar vs Gandhi Scientific Co.
2009 Latest Caselaw 2829 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI


+              FAO(OS) 190/2009 & CM Nos. 6843-44/2009

%                                      Decided on: July 24, 2009

       GULSHAN KUMAR                         ..... Appellant
                      Through: Mr. Mohan Vidhani, Ms. Rahul
                      Vidhani and Mohd. Sazid Rayeen,
                      Advocates with appellant in person.
                versus

       GANDHI SCIENTIFIC CO.                 ..... Respondent
                      Through: Mr. S.K. Bansal and Mr.
                      Akshay Srivastava, Advocates.

                               WITH

               RFA(OS) 44/2009 & CM Nos. 6840-42/2009

       GULSHAN KUMAR                         ..... Appellant
                      Through: Mr. Mohan Vidhani, Ms. Rahul
                      Vidhani and Mohd. Sazid Rayeen,
                      Advocates with appellant in person.
                versus

       GANDHI SCIENTIFIC CO.                 ..... Respondent
                      Through: Mr. S.K. Bansal and Mr.
                      Akshay Srivastava, Advocates.

       CORAM:
       HON'BLE MR. JUSTICE MUKUL MUDGAL
       HON'BLE MR. JUSTICE NEERAJ KISHAN KAUL

1.     Whether the Reporters of the local newspapers be allowed
       to see the Judgment?                                   [NO]
2.     To be referred to the Reporter or not?                 [NO]
3.     Whether the Judgment should be reported in the Digest? [NO]

                         J U D G M E N T (ORAL)

24.07.2009

MUKUL MUDGAL, J.

1. After hearing the counsel for the parties at length, we have

taken note of the fact that the counsel have agreed to the

disposal of both these appeals by consent. Appellant Shri

Gulshan Kumar is also present in the Court and his consent has

also been obtained by Mr. Vidhani, learned counsel appearing on

behalf of the appellant.

2. Insofar as the RFA(OS) No. 44 of 2009 is concerned, the

impugned order dated 13th April, 2009 passed by the learned

Single Judge in CS(OS) No. 382 of 2008 dismissing the said suit

is set aside and the suit CS(OS) No. 382 of 2008 is restored to its

original number on the file.

3. However, we make it clear that it will be open to the parties

to urge the issue of genuineness of the documents before the

learned Single Judge when the matter is taken up. The costs of

Rs.2,00,000/-imposed by the learned Single Judge are also

waived.

4. So far as the appeal being FAO(OS) No. 190 of 2009

preferred against the impugned order dated 13th April, 2009 in

I.A. Nos. 7344 and 9687 of 2007 in CS(OS) No. 1192 of 2007 is

concerned, it is ordered that the appeal against the order in I.A.

No. 7344 of 2007 is dismissed and the appeal against the order

in I.A. No. 9687 of 2007 is also dismissed but the costs of

Rs.25,000/- imposed by the learned Single Judge stand waived.

5. Accordingly, both these appeals stand disposed of. All the

pending applications also stand disposed of.

6. Mr. Vidhani, learned counsel for the appellant prays that

the suit be disposed of expeditiously. It shall be open to him to

raise such plea before the learned Single Judge.

MUKUL MUDGAL, J

NEERAJ KISHAN KAUL, J JULY 24, 2009 sb