M/S Water & Power
Consultancy Ser(I)Ld Vs. Sudha Gadodia & ANR. [2009] INSC 930 (1 May 2009)
Judgment
CIVIL APPELLATE
JURISDICTION CIVIL APPEAL NO.3273-3274 OF 2009 [ Arising out of SLP [C]
Nos.9683-9684 of 2009 ] M/s Water and Power Consultancy Services[India]Ltd.
.... Appellant VERSUS Sudha Gadodia and Anr. ... Respondents
O R D E R
1.
Leave
granted.
2.
This
appeal has been preferred against an order dated 25th of February, 2009, passed
by a learned judge of the High Court of Delhi at New Delhi in CMM No.143 of
2009 and CMM No.2725 of 2009, by which the High Court reversed an order of the
Additional District Judge directing the respondent to withdraw the admitted
rent in respect of the property in question against furnishing of a bank
guarantee.
3.
We
have heard learned counsel for the parties and after going through the impugned
order and other materials on record, we are not inclined to interfere with the
order of the High Court.
However, from a
perusal of the impugned order, it appears that the High Court has directed the
Chairman of the appellant company to be personally present in Court on 8th of
April, 2009.
Considering the facts
and circumstances, we do not think that such an order ought to have been passed
directing the Chairman to be personally present in Court only because the
appellant sought number of adjournments.
4.
Accordingly
this part of the impugned order directing the Chairman of the appellant company
to be personally present in Court is deleted. The appeal is thus disposed of.
Since, this order has been passed in the absence of the respondent, we keep it
open for the respondent to apply for recall of this order, if so advised.
..............................J.
[ TARUN CHATTERJEE ]
...............................J.
NEW
DELHI:
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