Delhi High Court
Ms Anju Singh vs Smt Punam on 6 February, 2023
Neutral Citation Number: 2023/DHC/000882
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on:06th February, 2023
+ RFA 39/2014 & CM APPL. 24508/2022
MS ANJU SINGH ..... Appellant
Through: None.
versus
SMT PUNAM ..... Respondent
Through: Ms. Santwana Agarwal, Ms.
Saumya Agarwal, Advocates
(M:9811970721)
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
[Physical Hearing/ Hybrid Hearing]
MINI PUSHKARNA, J. (ORAL):
CM APPL. 24508/2022 (u/Order XXII Rule 3(2) read with Section
151 CPC)
1. The present application has been filed on behalf of the
respondent under Order XXII Rule 3(2) read with Section 151 CPC
for abatement of case and discharge of the Bank Guarantee.
2. The appellant had challenged the impugned judgment and
decree dated 02.08.2013 passed by the Ld. District Judge, Distt.
Shahdara, Karkardooma Court, Delhi, whereby the summary suit filed
by the respondent has been decreed against the appellant. In the
present appeal, the High Court had stayed the execution of the decree,
vide order dated 29.01.2014, subject to deposit of the decreetal
amount along with interest and costs by the appellant.
Signature Not Verified
Digitally Signed By:PURAN
Signing Date:08.02.2023
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Neutral Citation Number: 2023/DHC/000882
3. It is submitted that pursuant thereto, the appellant herein had
deposited the decreetal amount. Thus, the respondent moved an
application being CM APPL. No. 12406/2014 praying for directions
to release the decreetal amount as deposited by the appellant.
4. Vide order dated 12.08.2014, this Court directed the release of
the said amount in favour of the respondent subject to furnishing of
security. Pursuant thereto, the respondent furnished the Bank
Guarantee bearing No. 4408ILG001215 dated 07.03.2015 issued by
Punjab National Bank, Mayur Vihar Phase-11, Delhi-110091. The
said Bank Guarantee was duly accepted by this Court and the
decreetal amount as deposited by the appellant before this Court was
released in favour of the respondent. It is submitted that the said Bank
Guarantee has been renewed from time to time and that the same is
valid up to 18.02.2023.
5. It is the case on behalf of the respondent that an early hearing
application was filed in another matter pending between the parties
being Crl.Rev.P. No. 213/2018, which was also pending before this
Court. Therein, the respondent came to know that the appellant herein
had already expired on 17.05.2021. Thereafter, respondent filed an
application for abatement of the said case against the appellant. It is
submitted that this Court vide order dated 18.04.2022 abated the said
case being Crl.Rev.P. No. 213/2018, which order has been duly
attached with the present application. Thus, it is prayed that the
present appeal may also be abated.
6. Perusal of the order sheets show that notice in the present
application was issued on 24.05.2022. Thereafter the matter was listed
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Digitally Signed By:PURAN
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Neutral Citation Number: 2023/DHC/000882
before the Registrar on 03.08.2022 for bringing on record the LRs of
the deceased appellant.
7. In the order dated 03.08.2022, it is recorded that the respondent
was able to obtain the details of one of the LRs of the deceased
appellant. Thus, it was directed that on furnishing the details of the
LRs of the deceased appellant and steps being taken within one week,
notice of the application may be issued to the LRs of the deceased
appellant. The matter was next listed for hearing on 11.10.2022. In the
order dated 11.10.2022, it is recorded that the notice had been served
upon the Mr. Yuvraj Singh, the sole Legal Representative of deceased
appellant as well as counsel who was earlier appearing for the
appellant. However, despite service, there was no appearance on
behalf of the counsel for appellant or the LR of the deceased appellant.
Thus, the court had directed for issuance of the court notice to Mr.
Yuvraj Singh, sole Legal Representative of deceased appellant and
counsel for the deceased appellant. The matter was thereafter listed for
hearing on 08.12.2022.
8. In the order dated 08.12.2022, it is noted that notice issued to
Mr. Yuvraj Singh, the sole legal representative of the deceased
appellant had been received back un-served with the remarks that the
premises had been found locked. Thus, fresh court notice was issued
to the counsel for the deceased appellant as well as Mr. Yuvraj Singh,
the sole legal representative of the deceased appellant. The matter was
thereafter fixed for hearing on 20.01.2023. On 20.01.2023, Mr.
Yogesh Swaroop, Mr. Kapil Kishore Kaushik and Mr. Manoj,
Advocates, appeared on behalf of the deceased appellant through
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Digitally Signed By:PURAN
Signing Date:08.02.2023
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Neutral Citation Number: 2023/DHC/000882
video conferencing. Statement on behalf of the counsels for the
appellant was recorded in the order dated 20.01.2023 that they would
move an application for bringing on record the proposed LR of the
deceased appellant. Thus, by order dated 20.01.2023, the Registrar of
this Court had granted liberty to the counsel for the deceased appellant
to move an appropriate application for bringing on record the
proposed LRs of deceased appellant, subject to costs of Rs. 5,000/-
(Rupees Five thousand). The matter was thereafter listed for hearing
on 02.02.2023.
9. When the matter was listed for hearing on 02.02.2023, a
statement was made on behalf of Mr. Yogesh Swaroop, Advocate for
the deceased appellant that he had not received any instructions from
the proposed LRs of the deceased appellant and that no attorney had
been issued in his favour by the proposed LRs. Thus, he submitted
that he is not appearing for the proposed LRs. Hence, the matter has
come to be listed before this Court.
10. There is no appearance on behalf of the LRs of the deceased
appellant when the matter is listed today.
11. Ms. Santwana Agarwal, Advocate appearing on behalf of the
respondent prays that since no steps have been taken to bring on
record the Legal Representatives/Legal Heirs of the deceased
appellant and none has appeared on behalf of the Legal
Representatives/Legal Heirs of the deceased appellant, no fruitful
purpose would be served in continuing with the present application.
12. Considering the submissions made before this Court and the
aforesaid narrative, wherein despite opportunity no steps have been
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Digitally Signed By:PURAN
Signing Date:08.02.2023
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Neutral Citation Number: 2023/DHC/000882
taken to bring on record the LRs of deceased appellant, it is directed
that the present appeal stands abated.
13. In view of the aforesaid, the Bank Guarantee bearing No.
4408ILG001215 dated 07.03.2015 issued by Punjab National Bank,
Mayur Vihar Phase-11, Delhi-110091, which is valid up to 18.02.2023
is discharged.
14. The present appeal is disposed of along with pending
applications in terms of the aforesaid directions.
MINI PUSHKARNA, J
FEBRUARY 06, 2023
au
Signature Not Verified
Digitally Signed By:PURAN
Signing Date:08.02.2023
10:27:15
