Nityank Infrapower & Multiventures Pvt Ltd v. Electroparts (India) Pvt Ltd & ORS

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 185/2018 & CM APPL. 33481-83/2018 NITYANK INFRAPOWER & MULTIVENTURES PVT LTD ..... Appellant Through:

Mr. Rajiv Nayar, Sr. Advocate with Ms. Bindi Dave, Mr. Nihal Basheer, Mr. Aman Gandhi, Mr. Abhirath Thakur and Mr. Abhishek Sharma, Advocates.

versus ELECTROPARTS (INDIA) PVT LTD & ORS ..... Respondents Through:

Mr. Faisal Sherwani, Mr. Shikher Deep Aggarwal, Mr. Aditya Vikram and Mr. Achal Gupta, Advocates for R10.

Mr. Arvind Nigam, Mr. Jayant Bhushan and Mr. Akhil Sibal, Senior Advocates with Mr. Murtaza, Mr. Apoorv Shukla, Mr. Nikhil Sharda, Mr. Mehtaab Singh and Mr. Sandhu, Advocates for caveators.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 21.08.2018 CAVEAT No.745/2018 Since the counsel for the caveator has put in appearance the caveat stands discharged.

FAO(OS) (COMM) 185/2018 & CM APPL. 33481-83/2018 Admit.

Learned counsel for the respondent accepts notice of admission of the appeal.

We have heard learned counsel for the parties.

The appeal is directed against an ex-parte ad-interim order made in I.A.No.10206/2018.

The third defendant/appellant, represented by Mr. Rajiv Nayar, learned senior counsel urged various contentions, including the suppression of material facts and a legal bar on account of Section 430 of the Companies Act, 2013 to the maintainability of the suit preferred by the respondent/plaintiff.

The Court notices that the ex-parte ad-interim order was made on 02.08.2018; the appellant and the other defendants could have entered their defence.

In these circumstances, it would be inappropriate (also having regard to the provisions of Commercial Courts Act, 2015) to entertain the present appeal. However, this Court is of the opinion that the appellant and the concerned affected defendants must file their written statements and reply/replies, if any, to the application under Order XXXIX Rule 1 CPC on or before 31.08.2018. In such event, the learned Single Judge is requested to consider the application on merits on 05.09.2018 and thereafter dispose it of as expeditiously as possible in the given circumstances. All rights and contentions of the parties are kept open.

Appeal is disposed of in the above terms. Pending applications stand disposed of.

S. RAVINDRA BHAT, J ANU MALHOTRA, J AUGUST 21, 2018/nn