M/S Greaves Cotton Limited vs Idea Estate Private Limited
2022 Latest Caselaw 2567 Del

                          $~3(Appellate)
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CM(M) 732/2022
                                 M/S GREAVES COTTON LIMITED           ..... Petitioner
                                              Through: Mr. Siddharth Dias, Adv.

                                                      versus

                                 IDEA ESTATE PRIVATE LIMITED            ..... Respondent
                                                Through: Mr.Naveen Sharma, Mr.S.K.
                                                Sharma and Mr. Anurag Parasher, Advs.
                                 CORAM:
                                 HON' BLE MR. J USTICE C.HARI SHANKAR
                                                      J U D G M E N T (O R A L)

% 22.08.2022

1. The prayer clause in this petition under Article 227 of the Constitution of India reads thus:

"PRAYER It is, therefore, most respectfully prayed that this Hon'ble Court be pleased to:

a) Set aside the order dated 02.05.2022 and allow the present petition to take on record in the present suit CS No.10291 /2016 the Judgment/Order dated 10.02.2009 of this Hon'ble Court in the case titled 'Idea Estate Pvt. Ltd.Vs. Trans Asian Industries Expositions Pvt. Ltd. And Anr.'

b) Such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case may also be passed."

2. Learned Counsel for the respondent objects to the petitioner introducing fresh documents at this stage, as he submits the matter is at the stage of final hearing before the learned Additional District Judge (ADJ). He, however, fairly agrees to the petitioner being permitted to cite the judgment/order dated 10th February 2009, passed

Digitally Signed By:SUNIL SINGH NEGI Signing Date:23.08.2022 16:48:53 by a learned Single Judge of this Court in IA 6727/2008 in CS(OS) 1054/2008 (Idea Estate Pvt. Ltd. v. Trans Asian Industries Expositions Pvt. Ltd.).

3. That, in my considered opinion, satisfies the prayer in this petition.

4. This petition is accordingly disposed of by permitting the petitioner to cite, before the learned ADJ, the aforesaid order dated 10th February 2009, passed by this Court in IA 6727/2008 in CS(OS) 1054/2008 (Idea Estate Pvt. Ltd. v. Trans Asian Industries Expositions Pvt. Ltd.).

5. This Court is not expressing any opinion on the applicability or relevance of the aforesaid order to the dispute before the learned ADJ. The petitioner is permitted to rely on the aforesaid order in the manner he chooses and it would be for the learned ADJ to decide whether the order is relevant and of help either to the petitioner or to the respondent.

6. This petition accordingly stands disposed of in the aforesaid terms.

C.HARI SHANKAR, J AUGUST 22, 2022/kr

Digitally Signed By:SUNIL SINGH NEGI Signing Date:23.08.2022 16:48:53