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HIGH COURT OF DELHI
FAO(OS) 555/2013
SMT ANITA KAMRA & ANR Appellants
Through: Appellant No. 1&2 in person.
FAO(OS) 555/2013
SMT ANITA KAMRA & ANR Appellants
Through: Appellant No. 1&2 in person.
VERSUS
SH PRAVEEN KAMRA & ANR Respondents
Through: None
Through: None
CORAM:
HON'BLE MR. JUSTICE BADAR DURREZ AHMED
HON'BLE MR. JUSTICE VIBHU BAKHRU
02.12.2013 CM No. 19122/2013 Exemption is allowed subject to alljust exceptions.
FAO (OS) No. 555/2013 & CM No. 19121/2013 This appeal is directed against the order dated 21.10.2013 passed by a learned Single Judge of this court in CS(OS)
No.2355/2008 and other connected apphcations (lA Nos. 13659/2008 and 1404/2013). By an order dated 08.07.2013 the learned single
Judge had directed defendant nos. 1 & 2 to file an affidavit with regard to the availability of the original handwriting/ signatures of late
Suresh Kumar Kamra, father ofthe appellant no.2 and late husband of appellant no.l. In the order dated 08.07.2013, the learned single
Judge had made it clear that it would be open to the appellants to disclose in their affidavit as to where the signatures of late Suresh
2013:DHC:7354-DB Kumar Kamra might be available. The appellants were also required to ascertain the details ofany bank account maintained by late Suresh
KumarKamra and also include the said details in the said affidavit.
By virtue ofthe impugned order dated 21.10.2013 the learned
Single Judge has only directed that the appellants should comply with that direction given in the order dated 08.07.2013 and gave them a last opportunity to comply with the said directions by filing an appropriate affidavit before the next date ofhearing which has been fixed on 16.12.2013. We fail to see as to how the appellants are prejudiced by that order. All rights have been kept open for the appellants including the right to cross examine the plaintiffin the suit.
The appellants only have to file an affidavit indicating the bank accounts of late Suresh Kumar Kamra which are to their knowledge.
They are also required to state as to where the signatures of late
Suresh Kumar Kamra would be available.
We do not see any reason for interference with the impugned order.
The appeal is dismissed.
> BADAR DURREZ AHMED, J VIBHU BAKHRU, J DECEMBER 02,2013 kb
2013:DHC:7354-DB
HON'BLE MR. JUSTICE VIBHU BAKHRU
02.12.2013 CM No. 19122/2013 Exemption is allowed subject to alljust exceptions.
FAO (OS) No. 555/2013 & CM No. 19121/2013 This appeal is directed against the order dated 21.10.2013 passed by a learned Single Judge of this court in CS(OS)
No.2355/2008 and other connected apphcations (lA Nos. 13659/2008 and 1404/2013). By an order dated 08.07.2013 the learned single
Judge had directed defendant nos. 1 & 2 to file an affidavit with regard to the availability of the original handwriting/ signatures of late
Suresh Kumar Kamra, father ofthe appellant no.2 and late husband of appellant no.l. In the order dated 08.07.2013, the learned single
Judge had made it clear that it would be open to the appellants to disclose in their affidavit as to where the signatures of late Suresh
2013:DHC:7354-DB Kumar Kamra might be available. The appellants were also required to ascertain the details ofany bank account maintained by late Suresh
KumarKamra and also include the said details in the said affidavit.
By virtue ofthe impugned order dated 21.10.2013 the learned
Single Judge has only directed that the appellants should comply with that direction given in the order dated 08.07.2013 and gave them a last opportunity to comply with the said directions by filing an appropriate affidavit before the next date ofhearing which has been fixed on 16.12.2013. We fail to see as to how the appellants are prejudiced by that order. All rights have been kept open for the appellants including the right to cross examine the plaintiffin the suit.
The appellants only have to file an affidavit indicating the bank accounts of late Suresh Kumar Kamra which are to their knowledge.
They are also required to state as to where the signatures of late
Suresh Kumar Kamra would be available.
We do not see any reason for interference with the impugned order.
The appeal is dismissed.
> BADAR DURREZ AHMED, J VIBHU BAKHRU, J DECEMBER 02,2013 kb
2013:DHC:7354-DB
JUDGMENT