Bank Of India v. Nirlon Limited & ORS

$~18 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RFA 650/2018 BANK OF INDIA ..... Appellant Through:

Mr.

S.K.Gandhi, Ms.

Manjula Gandhi, Mr. Shobhit Sharma, Mr.

Shivanshu Kumar, Mr.

Aditya Kapoor and Mr. Dipender Chauhan, Advocates.

versus NIRLON LIMITED & ORS ..... Respondents Through:

Mr. Anshu Mahajan, Advocate for R1.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 10.08.2018 Caveat No.721/2018 Counsel appears for the caveator.

Caveat accordingly stands discharged.

RFA 650/2018 & CM Nos.32103-05/2018 1.

After arguments, this appeal is disposed of with consent by setting aside the impugned judgment dated 31.5.2018 passed by Dr. Sugandha Aggarwal, ADJ, West, Tis Hazari Court, Delhi inasmuch as both the parties agree that both the parties want to lead additional evidence with respect to

the issues framed in the case, and the suit be decided by looking at the complete evidence which will now be available before the trial court at the stage of final arguments. It is also agreed that both the parties will not get more than three opportunities to complete evidence-in-chief in their case. Both the parties will file their affidavits by way of evidence with the documents by serving an advance copy of the same to counsel for the other side.

2.

Trial court is requested to dispose of the suit preferably within a period of four months of the first date of final arguments. Trial court may also if so required frame additional issues as per the existing pleadings of the parties.

3.

Parties to appear before the District and Sessions Judge, West, Tis Hazari Courts, Delhi on 11.9.2018 and the District and Sessions Judge will mark the suit for disposal to a competent court in accordance with law and the observations made in the present order.

VALMIKI J. MEHTA, J AUGUST 10, 2018 ib