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HIGH COURT OF DELHI
CM(M)219/2018 and CM APPL.7379-7380/2018
PHOENIXPVTLTD .....Petitioner
Through: Mr.SudhirNandrajog,Senior Advocate with Mr.Suresh DuttDobhal,Adv.& Ms. Sonaakshi Dhiman,Adv.
CM(M)219/2018 and CM APPL.7379-7380/2018
PHOENIXPVTLTD .....Petitioner
Through: Mr.SudhirNandrajog,Senior Advocate with Mr.Suresh DuttDobhal,Adv.& Ms. Sonaakshi Dhiman,Adv.
VERSUS
VIDYA SAGAR&ORS Respondents
Through: Mr.BiswajitKumarPatra,Advocate
Through: Mr.BiswajitKumarPatra,Advocate
CM(M)1236/2016 and CM APPL.44460/2016,46784/2016
PHOENIX ARCPVT.LTD.ACTINGINITS CPACITY AS TRUSTEE OFPHOENITRUST FY-16-15 Petitioner
Through: Mr.Sudhir Nandrajog,Senior Advocate with Mr.Suresh Dutt Dobhal,Adv.& Ms. Sonaakshi Dhiman,Adv.
PHOENIX ARCPVT.LTD.ACTINGINITS CPACITY AS TRUSTEE OFPHOENITRUST FY-16-15 Petitioner
Through: Mr.Sudhir Nandrajog,Senior Advocate with Mr.Suresh Dutt Dobhal,Adv.& Ms. Sonaakshi Dhiman,Adv.
VERSUS
VIDYA SAGAR&ORS Respondents
Through: Mr.BiswajitKumarPatra,Advocate
Through: Mr.BiswajitKumarPatra,Advocate
CORAM:
HON'BLE MR.JUSTICE R.K.GAUBA
ORDER o/o 26.02.2018 The prime grievance ofthe petitioner in CM(M)219/2018 is thatthe
Civil Judge has expressed disinclination to decide the application under
Order XXXIX Rule 4 ofthe Code of Civil Procedure, 1908(CPC)ofthe petitioner(second defendant in the suit) in the proceedings arising out of civil suit(CS SCJNo.10035/2016)initially instituted bythefirstrespondent
CM(M)219/2018etc. ^ of2 2018:DHC:8505 againstthe second respondent wherein the third respondent was later added to the fray and the petitioner by subsequent order stands substituted in place ofthe said third respondent.
An ad interim injunction is operating, statedly adverse to the interest ofthe petitioner by an earlier order,which is the subject-matter ofchallenge in CM(M)1236/2016, now listed on March, 2018 as per order dated
13.10.2017. On the request ofthe learned counsel for the parties,the file of
ORDER o/o 26.02.2018 The prime grievance ofthe petitioner in CM(M)219/2018 is thatthe
Civil Judge has expressed disinclination to decide the application under
Order XXXIX Rule 4 ofthe Code of Civil Procedure, 1908(CPC)ofthe petitioner(second defendant in the suit) in the proceedings arising out of civil suit(CS SCJNo.10035/2016)initially instituted bythefirstrespondent
CM(M)219/2018etc. ^ of2 2018:DHC:8505 againstthe second respondent wherein the third respondent was later added to the fray and the petitioner by subsequent order stands substituted in place ofthe said third respondent.
An ad interim injunction is operating, statedly adverse to the interest ofthe petitioner by an earlier order,which is the subject-matter ofchallenge in CM(M)1236/2016, now listed on March, 2018 as per order dated
13.10.2017. On the request ofthe learned counsel for the parties,the file of
CM(M) 1236/2016 has also been called for and has been listed today at serial No.51.
With the consent ofboth the parties,the petitioner withdrawing both the petitions as captioned above,it is directed thatthe civil Judge shall hear the parties and consider and pass an appropriate order in accordance with law on the pending application under Order XXXIX Rule4CPC within four weeks hereof.
For such purposes,the parties shall appear before the Civil Judge on
March,2018,as is stated to be already fixed. The period offour weeks shall begin from the said date.
^ Both the petitions and the applications filed therewith stand disposed ofin above terms.
Dastiunderthe signatures ofCourt Master.
GA
K
FEBRUARY 26,2018 vk CM(M)219/2018etc. Page2of2
2018:DHC:8505
With the consent ofboth the parties,the petitioner withdrawing both the petitions as captioned above,it is directed thatthe civil Judge shall hear the parties and consider and pass an appropriate order in accordance with law on the pending application under Order XXXIX Rule4CPC within four weeks hereof.
For such purposes,the parties shall appear before the Civil Judge on
March,2018,as is stated to be already fixed. The period offour weeks shall begin from the said date.
^ Both the petitions and the applications filed therewith stand disposed ofin above terms.
Dastiunderthe signatures ofCourt Master.
GA
K
FEBRUARY 26,2018 vk CM(M)219/2018etc. Page2of2
2018:DHC:8505
JUDGMENT