High Court of DelhiCS(OS)/313/2001

Kandhari Rubber Ltd. v. Modi Rubber Ltd.& ORS

2015-09-09Hon'Ble Mr. Justice Valmiki J. Mehta1 pages

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 313/2001 KANDHARI RUBBER LTD.

..... Plaintiff Through : Mr.Sanjeev Sagar and Ms.Sunita Gupta, Advocates.

versus MODI RUBBER LTD.& ORS ..... Defendants Through : None.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA % 07.09.2018

O R D E R

Exemption allowed, subject to all just exceptions. IA No.11843/2018 The application stands disposed of.

IA No.11842/2018, 11844/2018 IA 11842/2018 is moved by plaintiff under Section 151 CPC for revival of the suit which was adjourned sine die because of the pendency of BIFR reference in respect of the defendant company. It is alleged since the provisions of the SICA stands repealed and now the defendant is no more a sick company, hence the suit be restored against the defendant. IA 11844/2018 is moved under Section 5 of the Limitation Act for delay condonation of 561 days in move the earlier IA by the plaintiff.

Issue notice to non-applicant/defendants through all modes returnable for 13.12.2018. Additionally, dasti notice through counsel for said date.

YOGESH KHANNA, J SEPTEMBER 07, 2018 M