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2023 Supreme(Del) 4070

MANOJ KUMAR OHRI
Col Ashish Khanna Sm Retd. – Appellant
Versus
Delhi Gymkhana Club – Respondent


Advocates appeared:
Mr. Aryaman Sundaram, Senior Advocate with Mr. Sanyam Khetarpal, Mr. Nitesh Goyal, Mr.Zaffar and Ms. Prakriti Anand, Advocates with Col. A. Khanna SM Retd. (through V.C.), for the Plaintiff.
Mr. Prateek Kumar, Ms. Raveena Rai and Ms. Apeksha Dhanvijay, Advocates, for the Defendant No.1.
Mr. Gaurav Liberhan, Mr. Angad Mehta and Mr. Arsh, Advocates, for the Defendant Nos. 3, 5 & 6.

JUDGMENT

O.A. 37/2022

1. Defendant No. 1 has preferred the captioned chamber appeal under Chapter II Rule 5 of the Delhi High Court (Original Side) Rules, 2018 (hereinafter `the DHC Rules') read with Section 151 CPC against order dated 01.09.2022 passed by the Joint Registrar in I.A. 14014/2022 filed by the plaintiff, thereby closing the right of defendant No.1 to file the written statement.

2. Before delving into the merits of the contentions raised by the learned counsels for the parties, the factual matrix of the case is noted. The plaintiff, claiming himself to be a former secretary of defendant No.1, has preferred the present suit for declaration, specific performance, mandatory injunction, recovery, permanent injunction and damages.

3. The suit came to be listed for the first time on 25.03.2022, when summons were directed to be issued to the defendants. On the said date, defendant No.1, on advance notice, was duly represented through its counsel, who accepted the summons and sought leave to file written statement. The matter was listed before the Joint Registrar for completion of pleadings, admission/denial of the documents and marking of exhibits on 04.05.2022. Simultaneou

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