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2015 Supreme(Del) 3323

BADAR DURREZ AHMED, SANJEEV SACHDEVA
Sumit Tuli – Appellant
Versus
Prem Nath Tuli – Respondent


Advocates:
Advocate Appeared:
For the Respondents:Mr. Arun Francis, Mr. C.V. Francis and Ms. Sindhu Mohan, for respondent No. 1.

Judgment

Badar Durrez Ahmed, J.

CM No.16225/2015 (for condonation of dealy)

The delay is condoned. The application stands disposed of.

FAO(OS) 472/2015 & CM No.16224/2015 (stay)

1. We have heard the appellant in person as also the counsel for the respondent. The impugned order holds that the appellant was in contempt. The entire case turns upon the allegation as to whether the status quo order passed on 19.12.2011 had been served on the appellant on 21.12.2011 or not. It is the case of the appellant that he came to know of it for the first time on 12.01.2012 when the appellant had gone to Tis Hazari Court Complex in connection with his case pending before Tis Hazari between the same parties. The appellant states that a copy of the order dated 19.12.2011 passed by a learned Single Judge and other documents including the plaint were handed over to him on 12.01.2012. Prior to that, the said documents had not been served on him.

2. From the suit record and the office noting it is evident that the dasti copy of the order dated 19.12.2011 to be issued to the counsel for the plaintiff (respondent herein) was approved for issuance only on 21.12.2011. In fact, the learned counsel for the respond






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