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High Court of DelhiCRL.M.C./7386/2023

Elangovan.S v. M/S Avtar Steel Plt Ashok Prasad Banwal

2025-08-06Hon'Ble Mr. Justice Arun Monga2 pages

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7386/2023 and CRL.M.A. 27534/2023 ELANGOVAN.S .....Petitioner Through:

Mr. C. R. Jaya Sukin and Ms.Yashika Anand, Advocates.

versus M/S AVTAR STEEL PLT ASHOK PRASAD BANWAL .....Respondent Through:

Mr. Sachin Aggarwal, Mr. Aditya Choudhary and Mr. Nikhil Sharma, Advocates.

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

O R D E R

% 06.08.2025 1.

Petitioner is before this Court seeking quashing of case being CT. Case No. 5995/2020 titled as M/s Avtar Steel Ltd. versus M/s Scorpio Precisions passed by the learned Trial Court. 2.

Matter was earlier heard by Co-ordinate Bench of this Court when following order dated 08.04.2025 was passed:

"1.

This hearing has been done through hybrid mode. 2.

Learned counsel for the respondent seeks further time to file a response to the present petition. Let the same be filed before the next date of hearing with an advance copy to the learned counsel for the petitioner.

3.

In the meantime, learned counsel for the petitioner is directed to place on record the GST certificate of the partnership firm namely "Scorpio Precisions" for the 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 08/08/2025 at 15:17:28

assessment year of 2020-21.

4.

List on 04.08.2025.

5.

Interim order to continue."

3.

Apropos, matter was taken up on 18.07.2025 and subsequent thereto, on 04.08.2025. On both the occasions, further time was sought to comply with the aforesaid order. On resumed hearing today, position remains the same.

4.

Be that as it may, the petition is dismissed for non-compliance of the aforesaid order Apart therefrom, in any case the defense taken by the petitioner herein is a triable issue and a matter of evidence. 5.

Accordingly, the petition is dismissed with liberty to the petitioner to raise all his defense as taken herein before the learned Trial Court at the appropriate stage.

ARUN MONGA, J AUGUST 6, 2025 rs/kd 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 08/08/2025 at 15:17:28