Full Text
HIGH COURT OF DELHI
FAO(OS) 127/2015
M/S JAINCODEVELOPERS PVT LTD & ANR Appellant Representedby: Mr.DineshKumar Gupta, Adv.
Representedby: Mr.Dhananjay Shahi, Adv.
M/S JAINCO DEVELOPERS PVT LTD Appellant
M/S SPARSHBUILDERS PVT LTD Appellant
M/S SPARSHBUILDERS PVTLTD Appellant
2016:DHC:8563-DB M/S DEV INFRASTRUCTURESPVT LTD & ORS Respondent
Represented by: Mr.Dhananjay Shahi,Adv.
HON'BLE MS.JUSTICE MUKTA GUPTA
19.02.2016
ORDER
1. For the reasons stated in the application 118 days delay in filing reply to the appeal and reply to CM Nos.5125-5126/2015 is condoned.
2. The replies filed are taken on record. CM 6096/2016(by R-1 & R-2^ in FAGIOS)162/2015 to the appeal and reply to CM Nos.6309-6310/2015 is condoned. CM 6098/2016(by R-1 & R-21 in FAOCOS)164/2015 to the appeal and reply to CM Nos.6315-6316/2015 is condoned. CM 6100/2016(by R-1 & R-2)in FAOIOS)168/2015 tothe appeal and reply to CM Nos.6341-6342/2015 is condoned. CM 5126/2015 Idelav)in FAOtOS^ 127/2015 CM 6310/2015 rdelavl in FAOtOS)162/2015 CM 6316/2015 Idelavl in FAOtOS^ 164/2015 CM 6342/2015 tdelay)in FAOtOS^ 168/2015 FAO(OS)Nos.127/2015,162/2015,164/2015and168/2015 Page2of[4] A
1. Having heard learned counsel for the parties and noting that delay in filing the appeals is of[2] days pertaining to FAO(OS) 127/2015 & FAO(OS) 168/2015 and 35 days in FAO(OS) 162/2015 & FAO(OS) 164/2015, we condone the delay in filing the appeals.
2. Applications are allowed. FAOrOS^ 127/2015 FAOrOSi 162/2015 FAOrOSi 164/2015 FAOfOSi 168/2015
1. Learned counsel for the appellants does not press the appeals concerning the view taken by the learned Single Judge that M/s.Jainco Developers Pvt. Ltd. and M/s.Sparsh Builders Pvt.Ltd. are necessary parties in the suit. However, counsel states that on account of the fact that applications filed by the two appellants under OrderI Rule 10 ofthe Code of Civil Procedure(CPC)were pending, written statement was not filed. On January 15,2015 the applications filed by the appellants under OrderI Rule 10 ofthe CPC praying that their names be deleted from array ofdefendants was dismissed and simultaneously on same day right to file written statement was closed.
2. Having perused the record of the suit and finding that applications filed by the appellants under Order I Rule 10 CPC for deletion of their names were filed in the year 2013 but unfortunately could not be decided expeditiously; and were decided on January 15, 2015, interest ofjustice warranted that30 days time oughtto have been granted to appellants to file written statements.
3. We dispose ofthe appeals setting aside thesecond order pennedinthe FAO(OS)Nos.127/2015,162/2015,164/2015and168/2015 Page3of[4] suit on January 15, 2015 closing right ofthe appellants to file the written statement.
4. Written statements shall positively be filed by the appellants within 30 days from today.
5. No cost. CM 5125/2015(u/O.XLI R.5)in FAOfOSl 127/2015 CM 6309/2015 fu/Q.XLI R.5)in FAOCOSJ 162/2015 CM 6315/2015 fu/O.XLI R.5J in FAOtOSl 164/2015 CM 6341/2015(u/O.XLI R.5)in FAOCOSl 168/2015 Dismissed. "TT PRADEEP NANDRAJOG,J. MUKTA GUPTA,J. FEBRUARY 19,2016 'ga' FAO(OS)Nos.127/2015,162/2015,164/2015and168/2015 Page4of[4]