M/S Gcg Tansglobal Housing Project Pvt Ltd v. Surakshit Exports Private Ltd & ORS

$~35 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO(OS) 482/2015 M/S GCG TANSGLOBAL HOUSING PROJECT PVT LTD ..... Appellant Through:

Mr Raman Kapur, Sr Advocate with Mr Manish Kumar, Mr Amit Kumar and Mr Piyush Kaushik versus SURAKSHIT EXPORTS PRIVATE LTD & ORS ..... Respondents Through:

Nemo

CORAM:

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

O R D E R

% 26.08.2015 CM No. 16955/2015 (exemption) The exemption is allowed subject to all just exceptions. FAO(OS) 482/2015 This is an appeal from an order dated 14.08.2015 passed by a learned Single Judge of this court in O.A. No. 306/2015 which in turn was directed against the order dated 29.07.2015 passed by the Joint Registrar. The only issue raised is that the Joint Registrar could not have issued notice on the application being I.A No. 11213/2015 which was under Order VII Rule 11 of the Code of Civil Procedure, 1908. The learned Single Judge has held that the Joint Registrar had the power to issue notice on an application under Order VII Rule 11 CPC in order to enable the parties to complete the pleadings on that application and it was thereafter for the court to pass orders on merits on the Order VII Rule 11 application. There is nothing wrong with the order passed by the learned Single Judge.

The appeal is dismissed.

BADAR DURREZ AHMED, J SANJEEV SACHDEVA, J AUGUST 26, 2015 SU