M/S British Motor Car Co (1934) Ltd v. M/S Sonic Electronic & ORS

$~190 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 206/2020 and CM APPL. 6807/2020, 6808/2020 M/S BRITISH MOTOR CAR CO (1934) LTD ..... Petitioner Through:

Mr. Rahul Dubey, Advocate (M:

9717760551).

versus M/S SONIC ELECTRONIC & ORS ..... Respondents Through:

Mr. Rajesh Kumar, Advocate for R-1 (M: 9968178255).

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 19.02.2020 1.

The present petition challenges the impugned order dated 12th December, 2019 by which an application under Order VIII Rule 1A CPC was allowed by the Trial Court. By the said application, Defendant No. 8 who is Respondent No. 1 in the petition, sought to place on record a lease deed dated 17th May, 1979 which was allowed by the Trial Court. 2.

The grievance of the ld. counsel for the Petitioner is that this document could not have been taken on record after the evidence of the Plaintiff had concluded.

3.

The Court has perused the impugned order. The Trial Court has, considered the purpose for which the lease deed was placed on record and has permitted the Respondent No.1/Defendant No.8 to adduce the same by way of evidence.

4.

Since the allegations in respect of the compromise and validity thereof are to be gone into by the Trial Court, this Court does not deem it

appropriate to interfere with the said order. However, it is made clear that on the dated fixed i.e. 29th February, 2020, the Defendant's evidence shall be recorded and no further adjournment shall be granted in the matter. The matter shall thereafter proceed for final arguments. 5.

Considering that the petition is of 2009 vintage, the Trial Court is directed to adjudicate and dispose of the petition within a period of six months from today.

6.

The petition with all pending applications is disposed of. PRATHIBA M. SINGH, J.

FEBRUARY 19, 2020 MR