M/S S N Jee Developers Ltd v. M/S Distribution Systems

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 999/2017 & CM No.33241/2017 (for stay) S.N. JEE DEVELOPERS LTD ..... Petitioner Through:

Mr. S.N. Gupta and Ms. Nishtha Garg, Advs.

Versus

DISTRIBUTION SYSTEMS ..... Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 14.09.2017 1.

This order is in continuation of the earlier order dated 12th September, 2017.

2.

The counsel for the petitioner states that the file of the execution was inspected and it is found that the application for deposit of pay order of Rs.2.40 lacs was indeed presented on 1st September, 2017 and was ordered to be put up with file on 5th September, 2017; on 5th September, 2017, the application was ordered to be put up on the date fixed i.e. 13th October, 2017.

3.

The counsel for the petitioner, on enquiry, states that neither he nor Ms. Nishtha Garg, Advocate appeared on 1st September, 2017 or on 5th September, 2017 and some other counsel had appeared. 4.

It is not known whether the other counsel argued before the learned Additional District Judge (ADJ) that since the payment was ready on 1st September, 2017 itself, the warrants ordered to be issued on 1st September, 2017 be kept in abeyance.

CM(M) 999/2017

5.

This petition is disposed of with liberty to the counsel for the petitioner to either mention the matter before the learned ADJ-03, Patiala House Courts, New Delhi or to file an application before the said Court for keeping the warrants of attachment ordered to be issued in abeyance and/or for return of the said warrants.

6.

No costs.

7.

The order dated 12th September, 2017 and today's order be given dasti to the counsel for the petitioner under the signatures of the Court Master for production before the learned ADJ.

RAJIV SAHAI ENDLAW, J.

SEPTEMBER 14, 2017 bs..

CM(M) 999/2017