Delhi High Court
Mr. Sanjeev Kumar Bhakri & Ors. vs Alembic Limited & Anr. on 9 May, 2023
Neutral Citation Number 2023:DHC:3188
$~77
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 09.05.2023
+ CM(M) 758/2023
MR. SANJEEV KUMAR BHAKRI & ORS. ..... Petitioners
versus
ALEMBIC LIMITED & ANR. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Nakul Mehta, Ms. Misha Rohtagi, Mr.
Bharat Monga and Ms. Riya Dhingra,
Advs.
For the Respondent : Ms. Gurukamal Hora Arora, Mr. Amit
Bhatnagar and Mr. Jaiswal, Advs. for R-1
Mr. Kunal, Mr. Kunal Mimani and Mr.
Shubhang Tandon, Advs. for R-2
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
TUSHAR RAO GEDELA, J. (ORAL)
[ The proceeding has been conducted through Hybrid mode ]
CM APPL. 23883/2023 & CM APPL. 23884/2023
1. Exemption is allowed, subject to all just exceptions.
2. However, the certified copies of the exempted documents may be
filed within four weeks from today.
3. Applications stand disposed of.
CM(M) 758/2023 & CM APPL. 23882/2023
4. The petitioners challenge the order dated 02.05.2023 in IA No.
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
Signing Date:10.05.2023
14:39:10
Neutral Citation Number 2023:DHC:3188
03/2023 in RCT No.24/2023 titled 'Sanjeev Kumar Bhakri Vs. Alembic
Ltd.' whereby the learned RCT in an application seeking early hearing
has varied the stay order passed by the learned RCT on 10.04.2023.
5. Learned counsel appearing for the petitioner submits that in the
garb of the early hearing application, the learned RCT could not have
varied the stay order granted on 10.04.2023 without notice to the
petitioner or hearing the petitioner on such variation.
6. Ms. Gurkamal, learned counsel appearing for the respondent No.1
submits that the learned RCT had passed the order for balancing the
equities only and it is only on that ground that the learned RCT has
permitted variation of the stay order and permitted the respondent to use
the toilet which was on the ground floor /loft / mezzanine floor till the
next date of hearing. The First Appeal before the learned RCT is stated
to be listed on 19.05.2023.
7. In view of the aforesaid controversy, though after observing from
the photographs, there appears to be two different toilets, this Court
refrains from passing any observations thereon.
8. Keeping in view the urgency and the vehemence with which both
parties put across their submissions in respect of the toilet, this Court is
of the considered opinion that the learned RCT takes up the matter on
11.05.2023 and decide the issue in respect of the toilet and the orders be
passed thereon.
9. It is made clear that the learned RCT shall not adjourn the matter
for any reason whatsoever.
10. Parties are directed to appear before the learned RCT positively
without fail. In case any party fails to appear, learned RCT is directed to
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
Signing Date:10.05.2023
14:39:10
Neutral Citation Number 2023:DHC:3188
proceed with the hearing and pass the orders thereon.
11. The order dated 10.04.2023 is resurrected.
12. In view of the aforesaid, the petition is disposed of with no order
as to costs.
TUSHAR RAO GEDELA, J .
MAY 9, 2023/ms
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
Signing Date:10.05.2023
14:39:10
