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$-37 to 40 HIGH COURT OF DELHI
FAO(OS)349/2015
SANJAY SETH & ANR
Through
FAO(OS)349/2015
SANJAY SETH & ANR
Through
VERSUS
JAIDEEP SETH & ORS
Through
Through
FAO(OS)350/2015
SEEMA SETH
Through
SEEMA SETH
Through
VERSUS
JAIDEEP SETH & ORS
Through
Through
FAO(OS)352/2015
URMILLA SETH
Through
URMILLA SETH
Through
VERSUS
JAIDEEP SETH & ORS
Through Appellants Mr A.S.Chanhiok,Senior Advocate with
Ms Sweta Kakkar,Ms Yamini Khurana and MrParminder Singh,Advocates.
Respondents Mr A.K.Singla,Senior Advocate with
MrPramod Ahuja and Mr Abhishek Mishra,Advocates for R-1.
Mr Ashish Rana,MrPranay Choudhary, Advocates for R-2.
Appellant Mr A.S.Chanhiok,Senior Advocate with
Ms Sweta Kakkar,Ms Yamini Khurana and MrParminder Singh,Advocates.
Respondents Mr A.K.Singla,Senior Advocate with
MrPramod Ahuja and Mr Abhishek Mishra,Advocates for R-1.
Mr Ashish Rana,MrPranay Choudhary, Advocates for R-2.
Appellant Mr A.S.Chanhiok,Senior Advocate with
Ms Sweta Kakkar,Ms Yamini Khurana and MrParminder Singh,Advocates.
Respondents Mr A.K.Singla,Senior Advocate with
MrPramod Ahuja and Mr Abhishek Mishra,Advocates for R-1.
2015:DHC:11934-DB
Through Appellants Mr A.S.Chanhiok,Senior Advocate with
Ms Sweta Kakkar,Ms Yamini Khurana and MrParminder Singh,Advocates.
Respondents Mr A.K.Singla,Senior Advocate with
MrPramod Ahuja and Mr Abhishek Mishra,Advocates for R-1.
Mr Ashish Rana,MrPranay Choudhary, Advocates for R-2.
Appellant Mr A.S.Chanhiok,Senior Advocate with
Ms Sweta Kakkar,Ms Yamini Khurana and MrParminder Singh,Advocates.
Respondents Mr A.K.Singla,Senior Advocate with
MrPramod Ahuja and Mr Abhishek Mishra,Advocates for R-1.
Mr Ashish Rana,MrPranay Choudhary, Advocates for R-2.
Appellant Mr A.S.Chanhiok,Senior Advocate with
Ms Sweta Kakkar,Ms Yamini Khurana and MrParminder Singh,Advocates.
Respondents Mr A.K.Singla,Senior Advocate with
MrPramod Ahuja and Mr Abhishek Mishra,Advocates for R-1.
2015:DHC:11934-DB
FAO(OS)354/2015
LAFFANS INDIA PVT LTD
Through;
Mr Ashish Rana,MrPranay Choudhary, Advocates for R-2.
Appellant
LAFFANS INDIA PVT LTD
Through;
Mr Ashish Rana,MrPranay Choudhary, Advocates for R-2.
Appellant
VERSUS
JAIDEEP SETH & ORS
Through Mr A.S.Chanhiok,Senior Advocate with Ms Sweta Kakkar,Ms Yamini Khurana and MrParminder Singh,Advocates.
Respondents Mr A.K.Singla,Senior Advocate with
MrPramod Ahuja and Mr Abhishek Mishra,Advocates for R-1.
Mr Ashish Rana,MrPranay Choudhary, Advocates for R-2.
Through Mr A.S.Chanhiok,Senior Advocate with Ms Sweta Kakkar,Ms Yamini Khurana and MrParminder Singh,Advocates.
Respondents Mr A.K.Singla,Senior Advocate with
MrPramod Ahuja and Mr Abhishek Mishra,Advocates for R-1.
Mr Ashish Rana,MrPranay Choudhary, Advocates for R-2.
CORAM:
HON'BLE MR.JUSTICE BADAR DURREZ AHMED
HON'BLE MR.JUSTICE SANJEEV SACHDEVA
10.07.2015 Cav 665/2015 in FAOtOSl 349/2015 The learned counselforthe respondentNo.l/caveator is present.
The caveatstands discharged.
CM No.ll712/2015(exemption)in FAO(OSI 349/2015
CM No.ll715/2015(exemptioii)in FAO(OS)350/2015
CM No.ll725/2015(exemDtioiil in FAO(OS)352/2015
CM No.ll738/2015(exemptionl in FAO(OSl 354/2015
Exemptions are allowed,subjectto alljustexceptions.
CM No.ll713/2015(delavl in FAO(OS)349/2015 CM No.ll716/2015rdelav)in FAOfOSl 350/2015
CM No.ll726/2015rdelavl in FAOtOSI 352/2015 CM No.ll739/2015rdelavl in FAOtOSl 354/2015
The delay is condoned.
The applications stand disposed of.
2015:DHC:11934-DB FAOrOS)Nos.349/2015,350/2015.352/2015 & 354/2015
We have heard the learned counsel for the parties.
After some hearing,it has been agreed that in these appeals which emanate from lA No.l1208/2015 [under Order 23 Rule 3 read with Section 89(2) CPC], the direction with regard to rents etc., as extracted below from the impugned order, be set aside and the rest of the order be undisturbed. The portion of the impugned order dated 25.05.2015, which is set aside by us with consent of the parties,reads as under:-
"Rents, if any, received by any of the parties shall be deposited with the registry of this Court and shall not be appropriated by anyone.Even payments/maintenance amounts which were to be paid in pursuance to this Court's earlier interim orders stand suspended.
However, defendant No.l is given liberty to file an application seeking reimbursement ofsome portion ofthe rent as monthly expenses."
The rest ofthe impugned order remains in force. It is also made clear that the respondent No.l has filed lA No.7989/2015 in CS(OS) No.3917/2014 pertaining to deposit of rents in Court. This consent given by the parties with regard to deletion of the above-extracted portion from the impugned order shall have no bearing on that application. The consent given by the parties and the disposal ofthese appeals will not prejudice either party in the remaining part of the contentions in lA No.11208/2015.
With the deletion ofthe above extracted portion and the further directions given above,these appeals stand disposed of.
BADAR DURREZ AHMED,J
— fs
JULY 10,2015/'sn' SAMEEVSACHDEVA,J 2015:DHC:11934-DB
HON'BLE MR.JUSTICE SANJEEV SACHDEVA
10.07.2015 Cav 665/2015 in FAOtOSl 349/2015 The learned counselforthe respondentNo.l/caveator is present.
The caveatstands discharged.
CM No.ll712/2015(exemption)in FAO(OSI 349/2015
CM No.ll715/2015(exemptioii)in FAO(OS)350/2015
CM No.ll725/2015(exemDtioiil in FAO(OS)352/2015
CM No.ll738/2015(exemptionl in FAO(OSl 354/2015
Exemptions are allowed,subjectto alljustexceptions.
CM No.ll713/2015(delavl in FAO(OS)349/2015 CM No.ll716/2015rdelav)in FAOfOSl 350/2015
CM No.ll726/2015rdelavl in FAOtOSI 352/2015 CM No.ll739/2015rdelavl in FAOtOSl 354/2015
The delay is condoned.
The applications stand disposed of.
2015:DHC:11934-DB FAOrOS)Nos.349/2015,350/2015.352/2015 & 354/2015
We have heard the learned counsel for the parties.
After some hearing,it has been agreed that in these appeals which emanate from lA No.l1208/2015 [under Order 23 Rule 3 read with Section 89(2) CPC], the direction with regard to rents etc., as extracted below from the impugned order, be set aside and the rest of the order be undisturbed. The portion of the impugned order dated 25.05.2015, which is set aside by us with consent of the parties,reads as under:-
"Rents, if any, received by any of the parties shall be deposited with the registry of this Court and shall not be appropriated by anyone.Even payments/maintenance amounts which were to be paid in pursuance to this Court's earlier interim orders stand suspended.
However, defendant No.l is given liberty to file an application seeking reimbursement ofsome portion ofthe rent as monthly expenses."
The rest ofthe impugned order remains in force. It is also made clear that the respondent No.l has filed lA No.7989/2015 in CS(OS) No.3917/2014 pertaining to deposit of rents in Court. This consent given by the parties with regard to deletion of the above-extracted portion from the impugned order shall have no bearing on that application. The consent given by the parties and the disposal ofthese appeals will not prejudice either party in the remaining part of the contentions in lA No.11208/2015.
With the deletion ofthe above extracted portion and the further directions given above,these appeals stand disposed of.
BADAR DURREZ AHMED,J
— fs
JULY 10,2015/'sn' SAMEEVSACHDEVA,J 2015:DHC:11934-DB
JUDGMENT