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High Court of DelhiFAO(OS)/445/2015

Chander Mal v. M/S Allied Realty Private Limited

2015-08-24Hon'Ble Mr. Justice Badar Durrez Ahmed,Hon'Ble Mr. Justice Sanjeev Sachdeva1 pages

$~56 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO(OS) 445/2015 CHANDER MAL ..... Appellant Through :

Mr Raman Kapur, Sr Advocate with Mr Manish Kumar and Mr Amit Kumar versus M/S ALLIED REALTY PRIVATE LIMITED ..... Respondent Through :

Mr A. S. Chandhiok, Sr Advocate with Mr Bharat Aggarwal, Ms Sweta Kakkar and Ms Yamini Khurana

CORAM:

HON'BLE MR. JUSTICE BADAR DURREZ AHMED HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 24.08.2015 This appeal is preferred against the order dated 01.07.2015 passed in IA 12852/2015.

That application was filed on behalf of the appellant/ plaintiff under Order VIII Rule 10 CPC.

The learned Single Judge has merely directed that the application be listed before the Joint Registrar on 12.08.2015. We are informed that now the application is listed on 29.09.2015 before Court. The learned Single Judge has also deferred orders on IA 9589/2015 which was an application filed on behalf of the defendants, inter alia, seeking extension of time to file the written statement. It is clear from the above order that the learned Single Judge has not considered the question of extension of time for filing the written statement as yet. It will be open to the learned Single Judge to take a decision in the matter when it comes up before the learned Single Judge. We have not expressed any view on the merits of the matter.

It is for the learned Single Judge to take a call on the Order VIII Rule 10 application as also on the application filed by the defendants/ respondent herein, being IA 9589/2015 which is under Order VII Rule 11 CPC. The appeal stands disposed of.

BADAR DURREZ AHMED, J AUGUST 24, 2015 SANJEEV SACHDEVA, J SR