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2023 Supreme(Del) 2645

TUSHAR RAO GEDELA
Jai Prakash Jain – Appellant
Versus
Dinesh Kumar Gupta – Respondent


Advocates appeared:
Mr. Avinash Trivedi and Mr. Harshit Jain, Advocates, for the Petitioner. For the Respondent:
Mr. Puneet Sharma, Advocate, for the Respondent.

JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

CM APPL. 8390/2023 (Exemption)

1. This is an application seeking exemption from filing certified copies of the annexures/documents.

2. Exemption is allowed, subject to all just exceptions.

3. The application stands disposed of.

CAV 101/2023

4. Mr. Puneet Sharma, learned counsel has put in appearance on behalf of the respondent.

5. Accordingly, the caveat stands discharged.

CM(M) 268/2023 & CM APPL. 8389/2023 (Stay)

6. The petitioner challenges the order dated 24.01.2023 passed in RC ARC No. 23/2021 titled 'Dinesh Kumar Gupta vs. Jai Prakash Jain' whereby the learned Trial Court has dismissed the application of the petitioner/respondent under Order XVII Rule 1 read with Section 151 of CPC, 1908 seeking permission to file rejoinder to the reply to leave to defend application filed by the petitioner/respondent.

7. Issue notice. Mr. Puneet Sharma, learned counsel appearing on behalf of the respondent accepts notice.

8. Mr. Sharma, very fairly submits that the issue with respect to filing the rejoinder itself has taken substantial time for resolution by the learned Trial Court and requests t

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