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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Bhargava Commercial Pvt. Ltd. – Appellant
Versus
Kunal Advertising Pvt. Ltd. & Ors. – Respondents
Cr.M.C. 5165 of 2022
Decided On : 14-03-2023
Restoration - Section 138 Negotiable Instruments Act - The court allowed the petition seeking restoration of a complaint case under Section 138 of the Negotiable Instruments Act, emphasizing that the default on the part of the petitioner was not wilful and was accidental due to circumstances beyond his control. The court set aside the previous order and restored the complaint case to its original number, without delving into the merits of the case.
Fact of the Case:
The petitioner's complaint under Section 138 Negotiable Instruments Act was dismissed in default due to non-appearance. The petitioner sought restoration, claiming the default was accidental due to circumstances beyond his control.
Finding of the Court:
The court allowed the petition, set aside the previous order, and restored the complaint case to its original number, without expressing any opinion on the merits of the case. The parties were directed to appear before the trial court on a specified date.
Issues: Non-appearance leading to dismissal of complaint under Section 138 Negotiable Instruments Act, petition seeking restoration of the complaint case.
Ratio Decidendi: The court emphasized that the default on the part of the petitioner was not wilful and was accidental due to circumstances beyond his control, leading to the decision to allow the petition and restore the complaint case.
Final Decision: The court allowed the petition, set aside the previous order, and restored the complaint case to its original number, without expressing any opinion on the merits of the case. The parties were directed to appear before the trial court on a specified date.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. This is a petition seeking restoration of CC No. 536122/2016 titled as Bhargava Commercial Pvt. Ltd. vs. Kunal Advertising Pvt. Ltd. and Anr.
2. The complaint of the petitioner under Section 138 Negotiable Instruments Act was dismissed in default for the non-appearance of the petitioner by the learned MM-07, (NI Act), Central, Tis Hazari Court, Delhi vide order dated 25.06.2022.
3. Learned Counsel for the petitioner submits that the default on the part of the petitioner was not wilful and was accidental due to circumstances beyond his control as he was under the impression that the courts were functioning in a restricted manner due to Covid-19 Pandemic.
4. Respondent no.2 is present in court. He states that he has no objection if the present petition is allowed and the complaint case being CC 536122/2016 titled as Bhargava Commercial Pvt. Ltd. vs. Kunal Advertising Pvt. Ltd. and Anr. dismissed in default on 25.06.2022 is restored to its original number.
5. In view of the above, the petition is allowed, order dated 25.06.2023 is set aside and the complaint case being CC 536122/2016 titled as Bhargava Commercial Pvt. Ltd. vs. Kunal Advertising Pvt. Ltd. and Anr. is restored to its original number.
6. It is made clear that this court has not gone into the merits of the case and any expression made herein shall not tantamount to be an expression made on the merits of the case.
7. Parties are directed to appear before the learned trial court on 24.03.2023.
8. Present petition is disposed of in above terms.
AI
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