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2020 Supreme(Del) 696

RAJIV SHAKDHER
Dayal D Shahdadpuri – Appellant
Versus
C. N. A. Exports Pvt. Ltd. – Respondent


Advocates Appeared:
Neelima Tripathi, Advocate, Mansi Sharma, Advocate, Deepak Khosla, Advocate, Pulkit Deora, Advocate, Abhimanyu Mahajan, Advocate, Anubha Goel, Advocate, Sarthak Mehrotra, Advocate, Vivek Sharma, Advocate, Manta Gautam, Advocate, Saurabh Seth, Advocate, Jaimeet Saran, Advocate

JUDGMENT

Rajiv Shakdher, J. - This is an application filed on behalf of defendant nos. 1 and 2 under Section 44 of the Indian Evidence Act, 1872 [hereafter referred to as the "Evidence Act"].

    1.1 Defendants nos. 1 and 2, thus, rely upon the provisions of Section 44 of the Evidence Act to seek, in brief, the following directions:

      i. Firstly, "ignore" the judgement of the Division Bench dated 30.07.2013, passed in FAO (OS) 57/2013 and FAO (OS) 60/2013, on the ground of lack of jurisdiction.

        ii. Secondly, "ignore" the judgement of the learned Single Judge dated 03.01.2013, which was passed in I.A. No. 8812/11 in CS (OS) No. 118/2007, once again, on the ground of lack of jurisdiction.

          (ii) (a) It may be relevant to note that the learned Single Judge had, via judgement dated 03.01.2013, disposed of not only I.A. No. 8812/2011 but also I.A. Nos. 4985/2011 and 16842/2011.

            1.2 Alternate reliefs have also been sought in the captioned application.

              i. The first alternate prayer made is that order dated 03.01.2013, passed in I.A. No. 8812/2011, should be recalled on the ground that it was obtained by practicing fraud on this Court.

                ii. Second, recall the order dated 22.01.2007 via which summons

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