Ozone Fortis Technologies Pvt Ltd v. Ozone Overseas Private Limited

$~63 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO 479/2019 OZONE FORTIS TECHNOLOGIES PVT LTD ..... Appellant Through Mr. Amit Gupta, Ms. Vidhi Goel, Mr.

Ojas Mittal, Advocates versus OZONE OVERSEAS PRIVATE LIMITED ..... Respondent Through None.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 06.12.2019 CM APPL. 52533/2019 (Exemption) Allowed, subject to all just exceptions.

CM APPL. 52532/2019 (modification) 1.

By this application, petitioner seeks modification of order dated 02.12.2019. It is contended by learned counsel for the petitioner that on an incorrect information being provided to the petitioner an erroneous submission was made on 02.12.2019 as is noticed in second paragraph of page 2 that the matter before the trial court had been adjourned to 03.12.2019. He submits that the later on, it transpired that the matter had been adjourned to 02.12.2019. Learned counsel regrets the error.

2.

In view of the averments made, the application is allowed. The FAO 479/2019

date of 03.12.2019 in order dated 02.12.2019 shall be read as 02.12.2019.

3.

Learned counsel for the petitioner further points out that because of the said error, the petitioner could not appear before the trial court on 02.12.2019.

He submits that the written statement is ready and shall be filed with the trial court by tomorrow i.e. 07.12.2019.

4.

Petitioner is permitted to file the written statement before the trial court by 07.12.2019. It is clarified that the same shall be without prejudice to the rights and contentions of the parties. 5.

The application is allowed and disposed of in the above terms. 6.

Registry is directed to upload this order as corrigendum to order dated 02.12.2019. Further it is directed that on an application being filed by the petitioner as directed by order dated 02.12.2019, the same shall be considered by the trial court in terms of order dated 02.12.2019.

7.

Order dasti under signatures of the Court Master. SANJEEV SACHDEVA, J DECEMBER 06, 2019 'rs'

FAO 479/2019