Delhi High Court
Indraprastha World School & Ors. vs Ms. Chitra Srivastava & Ors. on 10 January, 2022
$~41
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 10.01.2022
+ FAO 9/2022 & CM APPL. 1436-37/2022
INDRAPRASTHA WORLD SCHOOL & ORS. ..... Appellants
versus
MS. CHITRA SRIVASTAVA & ORS. ..... Respondent
Advocates who appeared in this case:
For the Petitioner: Mr. Kamal Gupta with Ms. Sparsh Aggarwal, Advocates.
For the Respondent: None.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. The hearing was conducted through video conferencing.
2. Appellant seeks setting aside of orders dated 11.11.2021,
27.11.2021, 29.11.2021 and 06.12.2021.
3. Learned counsel for the appellant submits that though the
application of the appellant under Order 39 Rule 1 & 2 has not been
decided as yet but several observations have been made by the Court
in the above orders which in effect decide the application. He further
submits that despite respondent having been served repeatedly Court
has issued fresh notice.
Signature Not Verified
Digitally Signed
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:10.01.2022
Signing Date:10.01.2022 22:45:44 21:10
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
4. It is observed that the observations of the Court in the above
referred orders are only prima facie and cannot amount to an
expression of opinion on the merits of the application. In so far as the
service of the respondent is concerned, it is informed by learned
counsel for the appellant that a Suit for Recovery has been filed by the
respondent which is also listed before the same Court tomorrow.
5. Accordingly, this appeal is disposed of with a direction that in
case respondents are not served in terms of order dated 29.11.2021,
appellant be permitted to serve the respondent through the counsel,
who is appearing for the respondent in the suit filed by the respondent
that is stated to be listed before the same Court tomorrow itself.
6. Further it is directed that the observations contained in the
above referred orders shall be treated as prima facie and not amount to
an expression of opinion and the Trial Court shall dispose of the
application under Order 39 Rule 1 & 2 filed by the appellant,
expeditiously in accordance with law without being influenced by any
of the observations referred to in the above orders.
7. Appeal is disposed of in the above terms.
8. 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.
JANUARY 10, 2022/rk
Signature Not Verified
Digitally Signed
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:10.01.2022
Signing Date:10.01.2022 22:45:44 21:10
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
