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2017 Supreme(Del) 1269

I.S.MEHTA
ADRIYANA EVENTIDE – Appellant
Versus
DEE MARK HOTELS & RESORTS – Respondent


Advocates Appeared:
For the Petitioner: Mr. Alok Tripathi.
For the Respondent: Mr. Ajay K. Sharma.

JUDGMENT :

I.S. MEHTA, J.

1. The instant petition is preferred by the petitioners under Article 227 of the Constitution of India read with Section 482 Cr.P.C. for setting aside/quashing the impugned order dated 10.02.2014 passed by the learned Metropolitan Magistrate-03, Patiala House Courts, New Delhi in CC. No. 258/1A/13 titled as M/s Dee Marks Hotel & Resorts vs. M/s Adriyana Eventide & Others, wherein the learned Metropolitan Magistrate allowed the application moved by the respondents/complainants for condonation of delay of 27 days in filing the complaint under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881.

2. The brief facts stated are that the petitioner no. 2 - Dhyanesh Raj is one of the partners of the petitioner No. 1/firm - M/s Adriyana Eventide who are engaged in the business of event management. As per the alleged allegations in the complaint under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 on 12.01.2013 the petitioner No. 2 along with other partners of the petitioner No. 1/firm approached the respondent No. 1/complainant - M/s Dee Marks Hotel and Resorts which is a unit of the respondent No. 2- M/s Dalip Trading


























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