Shiv Kumar Pal v. Dr Jagdish Bansal & ORS

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) 118/2019 SHIV KUMAR PAL ..... Appellant Through:

Mr.Siddhant, Advocate.

versus DR JAGDISH BANSAL & ORS ..... Respondents Through:

Ms.Vandana K., Advocate for R1 to R5.

Mr.Rajiv Kapur with Ms.Shubhangi Rathore and Mr.Sourav Tomar, Advocates for R6.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

O R D E R

% 30.08.2019 CM APPL. 30392/2019 (delay)

1. For the reasons explained in the application, the delay in filing the appeal is condoned and the application is allowed.

FAO (OS) 118/2019 and CM APPL 30391/2019 (stay)

2. On 9th July 2019 the following order was passed: "Issue notice to the respondents through their respective counsel representing them in the suit proceedings. Learned counsel for the respondent No.6/ SBI accepts notice. Learned counsel for the appellant, on instructions, states that

the appellant does not press the present appeal and gives up the challenge to the impugned order. He, however, submits that the appellant may be granted a reasonable time to deposit in installments the amount directed to be deposited in terms of the impugned order in the Court.

Issue notice limited to the aforesaid aspect returnable on 06.08.2019. The notice be served dasti through counsel."

3. It is clear that the notice was limited to the Appellant coming up with a plan of making payment in instalments. The Appellant does not yet have any concrete plan in that regard. Consequently, the Court is not inclined to interfere in the impugned order. The appeal is dismissed. The pending application is disposed of.

S. MURALIDHAR, J.

TALWANT SINGH, J.

AUGUST 30, 2019 tr