Delhi High Court
Smith N Smith Chemicals Ltd. And ... vs Willowood Chemicals Pvt. Ltd. on 8 December, 2020
$~1-3.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 8th December, 2020
+ FAO(OS) (COMM) 163/2020
INDO SWISS CHEMICALS LTD AND ANOTHER..... Appellants
versus
WILLOWOOD CHEMICALS PVT. LTD. ..... Respondent
+ FAO(OS) (COMM) 164/2020
SMITH N SMITH CHEMICALS LTD. AND ANOTHER
..... Appellants
versus
WILLOWOOD CHEMICALS PVT. LTD. ..... Respondent
+ FAO(OS) (COMM) 165/2020
SAFEX CHEMICALS INDIA LTD ..... Appellant
versus
WILLOWOOD CHEMICALS PVT LTD ..... Respondent
Present: Mr. Sanjeev Sindhwani, Sr. Advocate with Mr. Anirudh
Bakhru, Mr. S.K. Bansal & Mr. Ajay Amitabh Suman, Advs.
for the appellants
Mr. Hemant Singh & Ms. Mamta Jha, Advs. for the
respondents
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE PRATEEK JALAN
FAO (OS) 163/2020 &other connected matters Page 1 of 3
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:14.12.2020
20:13:23
JUDGMENT
: D. N. PATEL, Chief Justice (Oral)
Proceedings in the matter have been conducted through video
conferencing.
CM APPL.31284/2020 (exemption) in FAO(OS) (COMM) 163/2020
CM APPL.31287/2020 (exemption) in FAO(OS) (COMM) 164/2020
CM APPL.31290/2020 (exemption) in FAO(OS) (COMM) 165/2020
Exemption allowed, subject to all just exceptions.
The applications stand disposed of.
FAO(OS) (COMM) 163/2020 & CM APPLs.31282/2020 (stay) &
31283/2020 (Summoning of electronic record)
FAO(OS) (COMM) 164/2020 & CM APPLs.31285/2020 (stay) &
31286/2020 (Summoning of electronic record)
FAO(OS) (COMM) 165/2020 & CM APPLs.31288/2020 (stay) &
31289/2020 (Summoning of electronic record)
1. These appeals have been preferred by the original defendants in
CS(COMM) Nos.474/2020, 475/2020 and 476/2020. The learned Single
Judge has passed the impugned order dated 23 rd October, 2020 in the
interlocutory applications preferred by the original plaintiff under Order
XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908. It further
appears from the facts of the case, and as submitted by the learned counsel
for both the sides, that applications under Order XXXIX Rule 4 CPC have
already been preferred by the present appellants (original defendants) in the
aforesaid suits which are coming up for further hearing on 16th December,
2020.
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:14.12.2020
20:13:23
2. Much has been argued out by the learned counsel for appellants about
the by-passing of the caveat applications preferred by these appellants
(original defendants), suppression of facts and suppression/ violation of
practice directions issued by this Court as pointed out at page No.132 and
133 of the memo of FAO(OS)(COMM) 165 of 2020. Other such points
have also been canvassed by the learned counsel for the present appellants.
3. As the applications preferred in all the aforesaid suits under Order
XXXIX Rule 4 CPC are already pending and coming up for further hearing
on 16th December, 2020, we are not interfering with the order dated 23rd
October, 2020 passed by the learned Single Judge in all the aforesaid suits.
The original plaintiffs in all the three suits are permitted to file replies to the
said applications before the learned Single Judge, before 16th December,
2020, if they so desire, and copy thereof be given to the appellants (original
defendants) in all the three suits. It is submitted by the learned counsel for
the respondents herein that they will cooperate before the learned Single
Judge and they will not ask for any unnecessary adjournments. In view of
these submissions, we are not going into the merits of the case and dealing
with the arguments raised by the appellants (original defendants).
4. With these observations, these appeals are disposed of. Pending
applications are also disposed of.
CHIEF JUSTICE
DECEMBER 8, 2020/ns PRATEEK JALAN, J
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:14.12.2020
20:13:23
