Sanjay Kriplani v. Jalsingh

$~15.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) No.2151/2015, IA No.14788/2015 (under Order XXXIX Rules 1&2 CPC) and IA No.11883/2016 (under Order I Rule 10 CPC).

SANJAY KRIPLANI & ANR.

..... Plaintiffs Through:

Mr. Arjun Singh Bawa and Ms.

Rhythm Gupta, Advs.

versus JALSINGH & ORS.

..... Defendants Through:

Mr. N. Prabhakar, Adv. for D-1 to 3.

Mr. Sanjay Goswami, Adv. for D- 4&5.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 01.02.2017 IA No.1294/2017 [of the defendants no.4&5 under Sections 148 and 149 of the Code of Civil Procedure, 1908 (CPC)].

1.

The applicants/defendants no.4&5 by this application seek extension of time granted in para 20 of the order dated 21st December, 2016 for depositing their share of the court fees from that granted till 31st January, 2017 to 28th February, 2017.

2.

The counsel for the plaintiffs and the counsel for defendants no.1 to 3 appear on advance notice.

3.

Though the counsel for the party who may be interested in contesting this application namely Antriksh Investment Pvt. Ltd. (Antriksh) is not before this Court today and no advance copy also of this application has been given to Antriksh or its counsel as it is a party in another suit along wherewith order dated 21st December, 2016 in this suit was made but since CS(OS) No.2151/2015

the time was limited by the Court of its own volition and not on the prodding of the said Antriksh and further since on the basis of the averments in the application it is deemed appropriate to extend the time, need to issue notice of the application to the said Antriksh is not felt. 4.

The application is allowed clarifying that no further extension shall be granted and if the court fee of the share of the applicants/defendants no.4&5 is not deposited by 28th February, 2017 consequences under Section 28 of the Specific Relief Act, 1963 shall follow.

5.

The application is disposed of.

RAJIV SAHAI ENDLAW, J FEBRUARY 01, 2017 'pp'..

CS(OS) No.2151/2015