Delhi High Court
Rahul Bhandare & Ors. vs A2 Interiors Product Pvt Ltd on 3 January, 2022
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 03.01.2022
+ FAO(OS) (COMM) 168/2021 & CM Nos.44808-09/2021
RAHUL BHANDARE & ORS. ..... Appellants
Through : Mr Prosenjeet Banerjee, Ms Aanchal
Kapoor, Ms Shreya Singhal and Mr
Deepak Singh Rawat, Advs.
versus
A2 INTERIORS PRODUCT PVT. LTD. ..... Respondent
Through : Mr Mohit Chaudhary, Mr Kunal
Sachdeva, Ms Anubha and Ms Mahima
Ahuja, Advs.
CORAM:
HON'BLE MR JUSTICE RAJIV SHAKDHER
HON'BLE MR JUSTICE TALWANT SINGH
[Court hearing convened via video-conferencing on account of COVID-19]
RAJIV SHAKDHER, J. (ORAL):-
1. Notice in this appeal was issued on 17.12.2021, pursuant to which the
respondent was served.
1.1. Accordingly, Mr Mohit Chaudhary, Advocate, has entered appearance on
behalf of the respondents.
2. The order, which is impugned in the present appeal, is an interlocutory
order dated 15.11.2021, passed by the learned Single Judge in I.A.
No.14342/2021, preferred in CS(COMM) No.555/2021. The respondent [i.e., the
plaintiff] had moved this application in the suit, under Order XXXVIII Rule 5 read
with Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 [in short
"CPC"].
2.1. The operative directions issued by the learned Single Judge are contained in
paragraph 13 of the impugned order. For the sake of convenience, the same is
extracted hereafter :
"13. Till the next date of hearing, the parties shall maintain status-
quo with respect to the title and possession of the properties being
House No.C-109, South Ex-Part-II, New Delhi - 110049 and House
No.1-2, Maharani Bagh, New Delhi-110065."
Signature Not Verified
By:VIPIN KUMAR RAI
Signing Date:05.01.2022
22:43:57
3. According to us, although counsel for the parties i.e., Mr Prosenjeet
Banerjee, who appears on behalf of the appellants and Mr Mohit Chaudhary, who
appears on behalf of the respondent, raised various contentions in the course of the
proceedings, they agree that the best way forward in the present situation, given
the fact that the application is pending adjudication, is that the appeal is disposed
of with the following directions:
(i) The learned Single Judge will list the above-mentioned interlocutory
application [in short "I.A."] for hearing on merits after hearing both sides on a day
convenient to court.
(ii) That pending the above-mentioned I.A., for the moment, the only direction
which will bind the appellants is that they will inform the court, at least two weeks
before they intend to create any third party rights in the immovable property
located at House No.C-109, South Ex-Part-II, New Delhi - 110049. A written
intimation, in this behalf, will also be given to the respondent.
(iii) The status quo, which was ordered by the learned Single Judge vis-à-vis
the aforementioned property as well as the property located at House No.I-2,
Maharani Bagh, New Delhi-110065 will, thus, dissolve.
3.1. It is ordered accordingly.
3.2. Needless to add that the order passed by us today will not impact the merits
of the case. Both sides will be entitled to put forth their respective submissions
before the learned Single Judge.
4. List the matter for directions before the learned Single Judge on
20.01.2022.
5. Consequently, pending applications shall also stand closed.
RAJIV SHAKDHER, J
TALWANT SINGH, J
JANUARY 3, 2022/aj
Signature Not Verified
By:VIPIN KUMAR RAI
Signing Date:05.01.2022
22:43:57
