Indraprastha Ice & Cold Storage Pvt Ltd v. Cardiff Associates Pvt Ltd

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1261/2018 & CAV 954/2018, CM APPL. 43262-43263/2018 INDRAPRASTHA ICE & COLD STORAGE PVT LTD ..... Petitioner Through:

Mr. Jayant Mehta, Adv.

versus CARDIFF ASSOCIATES PVT LTD ..... Respondent Through:

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 15.10.2018 Learned counsel for caveator of CAV 954/2018 is present. CAV 954/2018 stands discharged.

Submissions have been made on behalf of either side. The petitioner assails the impugned order dated 15.09.2018 of the Court of the ADJ-14, Central, THC, New Delhi which is stated to be in CS DJ No.614816/16 pending before the said learned trial Court. A bare perusal of the impugned order which reads to the effect that:

"I considered the submissions of ld. Counsel for the plaintiff and ld. Counsel for the defendant on the application under Order XII Rule 6 of CPC and the case-law relied by the ld. Counsel for the plaintiff and case-law relied by the ld. Counsel for the defendant and in view of ratio of case-laws relied by the ld. Counsel for the defendant, I am of the view

that the application under Order XII Rule 6 of CPC is not maintainable and the same is dismissed."

makes it apparent that there are no reasons detailed therein for the adjudication made. The impugned order is thus set aside with directions to the Court of the ADJ-14, Central seized of the matter to dispose of the matter under Order 12 Rule 6 of the CPC filed by the petitioner herein with reasons for disposal of the same within 20 days of receipt of this order.

The petition CM(M) 1261/2018 is disposed of.

Copy of the order be given Dasti, as prayed.

ANU MALHOTRA, J OCTOBER 15, 2018 vm