Paramjeet Singh And ANR v. Dalip Kumar Sharma

$~A-3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 9/2015 PARAMJEET SINGH AND ANR ..... Petitioner Through Mr.S.C.Singhal, Adv.

versus DALIP KUMAR SHARMA ..... Respondent Through Mr.K.K.Malhotra, Adv.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 08.07.2016 By the impugned order dated 27.11.2014 ARC noted that the respondent had raised triable issues and accordingly the application of the respondent seeking leave to defend was allowed. Learned counsel appearing for the petitioner submits that in the conclusions recorded by the ARC at the end of part (c) of the impugned order certain observations have been made which will gravely prejudice the petitioners at the time of disposal of the petition inasmuch as the observations have conclusively interpreted the legal position against the petitioner.

In my opinion the observations in the impugned order dated 27.11.2014 are only a prima facie view for the purpose of disposal of the application of the respondent for leave to defend. The present petition is CM(M) 9/2015

hence disposed of with the directions that the observations made by the said Court in the said order dated 27.11.2014 would not in any manner prejudice the parties at the stage of final disposal of the petition and the parties would be at liberty to make their submissions as per law. With the above observations, the present petition is disposed of. The petitioner is at liberty to move the trial court for expeditious/time bound disposal of the petition. JAYANT NATH, J JULY 08, 2016 N CM(M) 9/2015