Shri Kishan Chand Dass & ORS v. Kuoni Travel (India) Private Ltd

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) 31/2015 SHRI KISHAN CHAND DASS & ORS ..... Appellants Represented by: Mr.P.S. Bindra, Advocate versus KUONI TRAVEL (INDIA) PRIVATE LTD ..... Respondent Represented by: Mr.Pankaj Kapoor & Mr.Aman Leekha, Advocates

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 05.10.2016 CM No.36975/2016 1.

With respect to the plans referred to in paragraph 2 of the application in respect whereof the appellants desire certified copies to be supplied, suffice it to state that no document or a plan was filed in the Court as properly so called.

2.

No index of any document was prepared. No judicial order was passed recording that a particular plan with a colour coding was handed over in the Court.

3.

What had happened was that during arguments, to facilitate understanding of what was at the site, learned counsel for the appellants had handed over six sheets showing constructions on the ground floor, FAO(OS) 31/2015

mezzanine floor, first floor and second floor. It was to contrast what was recommended to be partitioned by the local commissioner, what found a reflection in the Court order dated December 18, 2003 and what existed presuit. 4.

Under the circumstances, the Registry is justified in not supplying any certified copy. The six sheets are still lying as loose documents in the judicial file. The six sheets are available with the learned counsel for the respondent and are also with the appellants.

5.

Learned counsel for the appellants states that the appellants want certified copies of the sheets for the purpose of drafting a petition seeking special leave to appeal before the Supreme Court against the order dated September 02, 2016.

6.

The appellants may use the six sheets as they desire for an understanding of their pleadings, reflected graphically on the plans, before the Supreme Court. Since the sheets were not tendered documents as law contemplates, no judicial order was to be passed to take the same on record. As it happens in Court, many a times documents are handed over to facilitate a hearing.

7.

This is the story of the six sheets.

8.

The application is disposed of declining the prayer made. PRADEEP NANDRAJOG, J.

PRATIBHA RANI, J.

OCTOBER 05, 2016 'pg'

FAO(OS) 31/2015