M/S Enchante Jewellery Ltd & ANR v. Sanjay Gupta

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1126/2017 M/S ENCHANTE JEWELLERY LTD & ANR ..... Petitioners Through:

Mr. Kirti Uppal, Sr. Adv. with Ms.

Aastha Dhawan, Ms. Gauri P. Desai & Ms. Diksha Mathur, Advs.

Versus

SANJAY GUPTA ..... Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 13.10.2017 CM No.36706/2017 (for exemption) 1.

Allowed, subject to just exceptions.

2.

The application is disposed of.

CM(M) 1126/2017 & CM No.36705/2017 (for stay) 3.

This petition under Article 227 of the Constitution of India impugns the order [dated 13th February, 2017 in CS No.139/2016 of the Court of Additional District Judge (ADJ-14), Central District, Tis Hazari Courts, Delhi] allowing the application of the respondent / plaintiff under Order IX Rule 9 of the CPC.

4.

The senior counsel for the petitioners / defendants has been heard. 5.

It is his contention that the reason given in the application under Order IX Rule 9 of the CPC of change of advocates was false as there was no change of advocate at the contemporaneous time. CM(M) 1126/2017

6.

The learned ADJ has given detailed reasons for allowing the application.

7.

The suit is for recovery of money on the basis of a cheque and the proceedings under Section 138 of the Negotiable Instruments Act, 1881 are also pending. It is also not in dispute that the parties remained in mediation for a sufficiently long time and at about which time the suit was dismissed in default.

8.

Moreover, the orders under Order IX Rule 9 of the CPC are of discretionary nature and which are not to be interfered with unless found to be perverse.

9.

Dismissed.

No costs.

RAJIV SAHAI ENDLAW, J OCTOBER 13, 2017 'gsr'..

CM(M) 1126/2017