Full Text
HIGH COURT OF DELHI
CS(COMM) 22/2021 and IA Nos.742/2021, 744/2021, 745/2021, 747/2021, 2872/2021, 9291/2021, 16065/2022
DR RAMESH CHANDER MUNJAL & ORS. ..... Plaintiffs
Through: Ms. Aakanksha Nehra and Mr. Devansu Jain, Advs.
Through: Mr. Nishant Datta and Mr. Chirag Rathi, Advs. for Defendants 1 and 2
DR SURAJ MUNJAL ..... Plaintiff
Through: Mr. Nishant Datta and Mr. Chirag Rathi, Adv.
Through: Ms. Aakanksha Nehra and Mr. Devansu Jain, Advs. for Defendants 1 and 4
02.02.2024
JUDGMENT
1. This Review Petition seeks review of the order dated 11 July 2023 passed by me, which reads thus:
2. The only ground urged in the Review Petition is that the statement of learned Counsel for the plaintiffs, that C.S. (Comm) 22/2021 and C.S. (OS) 682/2017 had to be heard together, is an incorrect statement.
3. It is sought to be argued that this Court proceeded on the basis of the said statement in directing both the matters to be listed together.
4. I have not only noted the statement of learned Counsel for the plaintiffs that the two matters have to be heard together, but have also noted the submissions of the defendants to the contrary. I have expressed no opinion either way. It is only that, in view of the statement made by the plaintiffs, I have directed both the matters to be listed together.
5. I do not see how any ground for review of this order can be made out. The only submission urged at the bar is that the contention of the plaintiffs is that the two suits have to be heard together is incorrect. Even assuming this to be the position, making of an erroneous submission by a Counsel is not one of the grounds of review recognized by Order XLVII Rule 1 of the CPC, unless it has led to a consequent error in the order that came to be passed.
6. Needless to say, it would be open to the defendants to convince the Court, before which the matters are listed, that the two cases are not connected and have to be heard individually. I have not precluded them from doing so.
7. No ground for review is made out.
8. The Review Petition is completely misconceived and is accordingly dismissed.
9. List CS (OS) 682/2017 and CS (Comm) 22/2021 before the appropriate Bench subject to orders of Hon’ble the Judge In-charge (Original Side) on 8 February 2024.