High Court of DelhiCM(M)/1376/2018

Janak Datwani v. Jamna Datwani & ORS

2025-08-28Hon'Ble Mr. Justice Purushaindra Kumar Kaurav8 pages

$~1 to 5, A1 to A5 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

CS(OS) 1113/2007 JANAK DATWANI .....Plaintiff C.N.A. EXPORTS PVT. LTD. AND ORS.

.....Defendants Mr.

Anand Datwani, AR/Managing Director of D-1 in person.

Mr. Abhinav Sharma, Adv. with D-2/Mr.

Anand in person.

Mr.

Mohammad Nausheen Samar & Ms. Khushboo Thakur, Advs. for D-4/Kishore Datwani.

Advs. for D-6/Kishin Datwani.

Mr. Snehil Srivastava, Adv. for D-7/Nitya Datwani.

CS(OS) 556/2008 SMT.JAMNA DATWANI AND ANR.

.....Plaintiffs Mr. Anand Datwani/Managing Director of P-2 in person.

SH. ANAND DATWANI AND ORS. .....Defendants Mr. Abhinav Sharma, Adv. with D-1/Mr.

Anand in person.

Advs. for Kishin Datwani.

CS(OS) 1798/2011 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

JANAK DATWANI .....Plaintiff PACIFICA (INDIA) PROJECTS PVT. LTD & ORS .....Defendants Mr. Abhinav Sharma, Adv. with D-3/Mr.

Anand in person.

Advs. for Kishin Datwani.

CS(OS) 244/2013 JANAK DATWANI .....Plaintiff C.N.A EXPORTS PVT LTD & ORS .....Defendants Mr. Abhinav Sharma, Adv. with D-2/Mr.

Anand in person Advs. for Kishin Datwani CS(OS) 155/2021 JANAK DATWANI .....Plaintiff KISHIN DATWANI .....Defendant The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

A1 CM(M) 867/2018 SUSHMA RAVIDAS ..... Petitioner JANAK DATWANI ..... Respondent A2 CM(M) 1376/2018 JANAK DATWANI ..... Petitioner JAMNA DATWANI & ORS ..... Respondents Mr. Abhinav Sharma, Adv. for Mr. Anand Datwani with Mr.

Anand Datwani in person Advs. for respondent/Mr. Kishan A3 CONT.CAS(C) 66/2020 M/S CAN EXPORTS (P) LTD ..... Petitioner MANSI SHARMA & ORS ..... Respondents Mr. Abhinav Sharma, Adv. for respondent/Mr. Anand Datwani with Mr. Anand Datwani in person Advs. for respondent/Mr. Kishin The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

A4 FAO 141/2018 SUSHMA RAVIDAS ..... Petitioner M/S PACIFICA INFASTRUCTURE PVT LTD & ORS.

..... Respondents Mr. Abhinav Sharma, Adv. for respondent/Mr. Anand Datwani with Mr. Anand Datwani in person Advs. for respondent/Mr. Kishin A5 FAO 142/2018 JANAK DATWANI ..... Petitioner PACIFICA INFRASTRUCTURE PVT LTD & ORS.

..... Respondents Mr. Abhinav Sharma, Adv. for respondent/Mr. Anand Datwani with Mr. Anand Datwani in person Advs. for respondent/Mr. Kishan

CORAM:

JOINT REGISTRAR (JUDICIAL) MS. PREETI PAREWA, (DHJS) % 01.09.2025

O R D E R

IA No.21429/2025 moved by defendant no.4/Mr.

Kishore Datwani seeking condonation of delay in filing reply to IA no.16363/2025.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Learned counsel for the defendant no.2 accepts notice of the captioned IA and submits that he has no objection to the captioned IA subject to imposition of suitable cost.

Re-notify the captioned IA on the next date of hearing.

IA No.16758/2025 under Order XVI Rule 1(2) CPC moved by the plaintiff for summoning of witness and directions; and IA No.16665/2025 under Order XVI Rule 1(3) CPC moved by the plaintiff seeking permission to bring Additional witness 3.

As per office note, replies to the captioned IAs filed by defendant no.2 are on record. However, rejoinder to the same has not been filed by the applicant/plaintiff till date. 4.

The defendant no.6/Kishin Datwani, defendant no.4/Kishore Datwani & defendant no.7/Nitya Datwani have already given their no objection to the above-captioned IA.

At this stage, learned counsel for the plaintiff seeks adjournment on the ground of a medical exigency in his family. Not opposed. In the interest of justice, the matter stands adjourned today.

Re-notify the captioned IA for filing of rejoinder, if any, to the reply of defendant no.2 on the next date of hearing.

IA No.16363/2025 under Section 151 CPC moved by the defendant no.2 for striking of Evidence Affidavit filed by defendant no.4 7.

Reply to the captioned IA filed by defendant no.4 has been placed by the Registry. However, an application bearing IA no.21429/2025 moved by defendant no.4 seeking condonation of delay in filing reply to the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

captioned IA has been filed freshly.

Further, rejoinder to the reply of defendant no.4 filed by the applicant/defendant no.2 is lying under objections. 9.

Further, as per office note, reply to the captioned IA filed by plaintiff is also on record but rejoinder to the same has not been filed by the applicant/defendant no.2 till date. 10.

No reply to the captioned IA filed by defendant no.7/Ms. Nitya Datwani till date.

11.

Mr. Anand Datwani AR of defendant no.1 already submitted that he shall not be filing any reply to the captioned IA.

12.

It is pointed out by the parties that the defendant no.5 has expired.

13.

As per office note, steps have not been taken by the applicant for service of defendant no.3 with notice of the captioned IA as PF has not been filed.

14.

Re-notify the captioned IA for completion of pleadings/service on the next date of hearing. I.A. 12843/2025 (under Section 151 of CPC, 1908, by defendant No.2) 15.

At request, re-notify the matter on the next date of hearing.

CS(OS)1113/2007 16.

As per office note, fresh Vakalatnama filed on behalf of the plaintiff is on record.

17.

Further, documents filed on behalf of defendant no.2&4 are on record.

18.

At this stage, learned counsel for the plaintiff seeks adjournment on the ground of a medical exigency in his family. Not opposed. In the interest of justice, the matter stands adjourned today.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

19.

Re-notify the matter for further proceedings on the next date of hearing.

CS(OS) 556/2008 & IA No.12276/2025 under Order XXII Rule 1,3&5 r/w Order I Rule 10 r/w Section 151 CPC moved by defendant no.2 for substitution of defendant no.2 to 4 as LR of deceased plaintiff no.1 & for transposition of plaintiff no.2 as defendant no.2 and for deletion of defendant no.2 to 4 from the array of defendants in the suit.

20.

Pleadings qua defendant no.1 are already complete.

21.

As per office note, reply to the captioned IA filed by the plaintiff no.2 is on record. At this stage, learned counsel for the applicant/defendant no.2 submits that he does not wish to file any rejoinder to the same. Thus, pleadings qua plaintiff no.2 are complete.

22.

The defendant no.3/Janak Datwani and defendant no.4/Ms. Nitya Datwani have already submitted that they do not wish to file any reply to the captioned IA as they have no objection to the same.

23.

Re-notify the captioned IA for further proceedings on the next date of hearing.

IA No.5034/2025 under Order XXII Rule 5 CPC moved by defendant no.1/Anand Datwani seeking directions 24.

Pleadings are already complete.

25.

Re-notify the captioned IA for arguments on the next date of hearing.

IA No.8473/2025 moved by defendant no.3/Mr. Janak Datwani seeking condonation of delay in filing reply to IA no.2377/2024 by defendant no.3/Mr. C.S. Batra 26.

No reply to the captioned IA has been filed by defendant no.9 in IA no.2377/2024 namely Mr. C. S. Batra till date. None is present on behalf of D-9 today to explain The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

in this regard.

27.

Re-notify the captioned IA for completion of pleadings on the next date of hearing.

IA no.2377/2024 under Order IX Rule 8 r/w Section 151 CPC moved by the defendant no.9 for dismissal of the suit 28.

An application seeking condonation of delay in filing reply to captioned IA filed by defendant no.3 is pending consideration.

29.

It is already stated by AR of plaintiff no.2 that he does not wish to file any reply to the captioned IA. 30.

No reply to the captioned IA has been filed by plaintiff no.1 till date. In the meantime, plaintiff no.1 has expired.

31.

An application bearing IA no.5034/2025 filed by defendant no.1 pursuant to death of plaintiff no.1 is also pending consideration.

32.

List the matter alongwith CS(OS) 1113/2007 on the next date of hearing.

CS(OS) 1798/2011, CS(OS) 244/2013, CS(OS) 155/2021, CM(M) 867/2018 , CM(M) 1376/2018, CONT.CAS(C) 66/2020, FAO 141/2018 and FAO 142/2018 33.

List the matter alongwith CS(OS) 1113/2007 on 03.09.2025.

PREETI PAREWA (DHJS) JOINT REGISTRAR (JUDICIAL) SEPTEMBER 1, 2025/ab The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.