Sanjay Seth & ANR v. Jaideep Seth & ORS
$-37 to 40 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO(OS) 349/2015 Appellants SANJAY SETH & ANR Mr A.S.Chanhiok, Senior Advocate with Ms Sweta Kakkar, Ms Yamini Khurana and Mr Parminder Singh, Advocates.
Through versus JAIDEEP SETH & ORS Through Respondents Mr A.K.Singla, Senior Advocate with Mr Pramod Ahuja and Mr Abhishek Mishra, Advocates for R-1.
Mr Ashish Rana, Mr Pranay Choudhary, Advocates for R-2.
+ FAO(OS) 350/2015 Appellant SEEMA SETH Mr A.S.Chanhiok, Senior Advocate with Ms Sweta Kakkar, Ms Yamini Khurana and Mr Parminder Singh, Advocates.
Through versus Respondents Mr A.K.Singla, Senior Advocate with Mr Pramod Ahuja and Mr Abhishek Mishra, Advocates for R-1.
Mr Ashish Rana, Mr Pranay Choudhary, Advocates for R-2.
JAIDEEP SETH & ORS Through + FAO(OS) 352/2015 Appellant URMILLA SETH Through Mr A.S.Chanhiok, Senior Advocate with Ms Sweta Kakkar, Ms Yamini Khurana and Mr Parminder Singh, Advocates.
versus JAIDEEP SETH & ORS Through Respondents Mr A.K.Singla, Senior Advocate with Mr Pramod Ahuja and Mr Abhishek Mishra, Advocates for R-1.
By:AMULYA
Mr Ashish Rana, Mr Pranay Choudhary, Advocates for R-2.
+ FAO(OS) 354/2015 Appellant LAFFANS INDIA PVT LTD Mr A.S.Chanhiok, Senior Advocate with Ms Sweta Kakkar, Ms Yamini Khurana and Mr Parminder Singh, Advocates.
Through;
versus JAIDEEP SETH & ORS Through Respondents Mr A.K.Singla, Senior Advocate with Mr Pramod Ahuja and Mr Abhishek Mishra, Advocates for R-1.
Mr Ashish Rana, Mr Pranay Choudhary, Advocates for R-2.
CORAM:
HON'BLE MR. JUSTICE BADAR DURREZ AHMED HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER
% 10.07.2015 Cav 665/2015 in FAOtOSl 349/2015 The learned counsel for the respondent No.l/caveator is present. The caveat stands discharged.
CM No.ll712/2015(exemption) in FAO(OSI 349/2015 CM No.ll715/2015(exemptioii) in FAO(OS) 350/2015 CM No.ll725/2015(exemDtioiil in FAO(OS) 352/2015 CM No.ll738/2015(exemptionl in FAO(OSl 354/2015 Exemptions are allowed, subject to all just exceptions. CM No.ll713/2015(delavl in FAO(OS) 349/2015 CM No.ll716/2015rdelav) in FAOfOSl 350/2015 CM No.ll726/2015rdelavl in FAOtOSI 352/2015 CM No.ll739/2015rdelavl in FAOtOSl 354/2015 The delay is condoned.
The applications stand disposed of.
FAOrOS) Nos.349/2015, 350/2015. 352/2015 & 354/2015 We have heard the learned counsel for the parties. After some hearing, it has been agreed that in these appeals which emanate from lA No.l 1208/2015 [under Order 23 Rule 3 read with Section 89(2) CPC], the direction with regard to rents etc., as extracted below from the impugned order, be set aside and the rest of the order be undisturbed. The portion of the impugned order dated 25.05.2015, which is set aside by us with consent of the parties, reads as under:- "Rents, if any, received by any of the parties shall be deposited with the registry of this Court and shall not be appropriated by anyone. Even payments/maintenance amounts which were to be paid in pursuance to this Court's earlier interim orders stand suspended.
However, defendant No.l is given liberty to file an application seeking reimbursement of some portion of the rent as monthly expenses."
The rest of the impugned order remains in force. It is also made clear that the respondent No.l has filed lA No.7989/2015 in CS(OS) No.3917/2014 pertaining to deposit of rents in Court. This consent given by the parties with regard to deletion of the above-extracted portion from the impugned order shall have no bearing on that application. The consent given by the parties and the disposal of these appeals will not prejudice either party in the remaining part of the contentions in lA No.
11208/2015.
With the deletion of the above extracted portion and the further directions given above, these appeals stand disposed of. BADAR DURREZ AHMED, J - fs JULY 10, 2015/'sn'
SAMEEV SACHDEVA, J