Arvind Singh v. Dharamraj Contracts (I) Pvt. Ltd. And ORS

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1971/2024 ARVIND SINGH ..... Petitioner Through:

Mr. Lalit Kumar and Mr. Deepak Sharma, Advs.

versus DHARAMRAJ CONTRACTS (I) PVT. LTD. AND ORS ..... Respondents Through:

Mr.Sudhir Naagar, Mr.

Piyush Aggarwal and Mr. Arun Kumar Nagar, Advs for R-1 to 4.

CORAM:

HON'BLE MS. JUSTICE SHALINDER KAUR

O R D E R

% 05.03.2024 CM APPL. 11624/2024-Exp.

1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CM(M) 1971/2024 and CM APPL. 11622/2024-stay, CM APPL. 11623/2024-Dir. To trial court to early disposal,CM APPL. 11625/2024-Exp. From TCR 3.

Learned counsel for the petitioner submits that the application moved by the petitioner herein under Order XXXIX Rule 1 & 2 of the Code Of Civil Procedure, 1908 (hereinafter referred to as 'CPC') before the learned Trial Court is yet to be disposed of and is coming up for hearing on 11.03.2024, and he shall make all the submissions raised before this Court The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/03/2024 at 11:23:40

before the learned Trial Court on the said date of hearing. Learned counsel for the petitioner further submits that till then the protection be granted by this Court.

4.

The Learned counsel for the respondent concedes to the fact of the application under Order XXXIX Rule 1 & 2 of the CPC coming up for disposal on 11.03.2024, however, he submits that in this case no protection as granted vide order dated 26.02.2024 by this Court is to be extended. 5.

In view of the submissions made, as the application moved under Section XXXIX Rule 1 & 2 of the CPC is yet to be disposed of and the present petition has been filed on the basis of an ad-interim order passed by the learned Trial Court, the learned Trial Court is directed to hear the application under Order XXXIX Rule 1 & 2 of the CPC on the next date of hearing which is fixed before it, and dispose of the same preferably within two weeks.

6.

No coercive action shall be taken in respect of the vehicle Hyundai Creta bearing no. UP16 CR 6419 till the disposal of the aforesaid application under Order XXXIX Rule 1 & 2 of the CPC before the learned Trial Court. 7.

Nothing mentioned hereinabove shall tantamount to be an expression on the merits of the aforesaid application to be disposed of and the present order is without prejudice to the rights and contentions of the parties. 8.

The petition, along with pending applications, stands disposed of. 9.

Dasti under signature of the Court Master, as requested. SHALINDER KAUR, J.

MARCH 5, 2024/aks The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/03/2024 at 11:23:40