Delhi High Court
Trans India International Ltd. vs Medipol Pharmaceutical India ... on 9 September, 2020
$~19
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 09.09.2020
+ CM(M) 386/2020 & CM APPL.15682/2020
TRANS INDIA INTERNATIONAL LTD. ..... Petitioner
versus
MEDIPOL PHARMACEUTICAL INDIA PVT. LTD.....Respondent
Advocates who appeared in this case:
For the Petitioner: Mr. Sujeet Mishra, Advocate.
For the Respondent: Mr. Mohit Kumar Gupta, Advocate.
CORAM:-
HON'BLE MR JUSTICESANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. The hearing was conducted through video conferencing.
2. Petitioner has filed the subject petition making alternative
prayers. Petitioner by the first prayer seeks setting aside of order dated
21.01.2020 whereby the application of the petitioner under Order VII
Rule 11 CPC has been dismissed and alternatively seeks quashing of
order dated 21.01.2020 whereby his application seeking recall of
orders dated 10.07.2019 and 09.09.2019, proceedings ex-party and
striking of the written statement, has been dismissed.
3. Learned counsel for the petitioner submits that petitioner is
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:09.09.2020 19:31:48 CM(M) 386/2020 Page 1
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
restricting this petition to seeking recall of order proceeding ex parte
and striking of his written statement and accordingly seeks an
opportunity to defend the suit on merits.
4. Learned counsel for the petitioner concedes his prayer with
regard to challenge to the rejection of his application under Order VII
Rule 11 CPC.
5. Learned counsel submits that since the Trial Court has held that
the grounds raised by the petitioner in his application under Order VII
Rule 7 CPC are mixed questions of fact and law, he reserves his right
to lead appropriate evidence on the factual matrix and then press the
grounds raised by him in his application under Order VII Rule 7 CPC
on merits in the Suit.
6. Learned counsel prays that one opportunity be granted to the
petitioner to defend the suit on merits and agrees to compensate the
respondent with costs of Rs.50,000/- including the costs of Rs.3000/-
and Rs.5000/- already imposed by the Trial Court for delay in filing
the written statement.
7. Learned counsel for the respondent submits that since
considerable delay has already been occasioned on account of the
conduct of the petitioner, he has no objection to granting one
opportunity to the petitioner to defend the suit subject to terms and
subject to the condition that the suit is expedited.
8. In view of the above, the orders proceeding ex parte against the
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:09.09.2020 19:31:48 CM(M) 386/2020 Page 2
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
petitioner and striking of the written statement of the petitioner are
recalled subject to petitioner paying costs of Rs. 50,000/- to the
respondent, which is inclusive of the costs of Rs. 3,000/- and Rs.
5,000/- imposed by the Trial Court.
9. The petitioner shall pay the costs before the Trial Court on
08.10.2020. The Trial Court shall take on record the written statement.
Learned counsel for the respondent submits that subject to petitioner
paying the costs on 08.10.2020, he shall file his replication also on the
same day.
10. The Trial Court shall thereafter expedite the proceedings and
endeavour to conclude the entire trial within a period of six months
from 08.10.2020.
11. The petition is accordingly disposed of in the above terms.
12. Copy of the order be uploaded on the High Court website and
be also forwarded to learned counsels through email by the Court
Master.
SANJEEV SACHDEVA, J.
SEPTEMBER 09, 2020
rk
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:09.09.2020 19:31:48 CM(M) 386/2020 Page 3
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
