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2023 Supreme(Online)(DEL) 7771

HIGH COURT OF DELHI
COL ASHISH KHANNA SM RETD – Appellant
Versus
DELHI GYMKHANA CLUB AND ORS & ORS. – Respondent


O R D E R

% 05.09.2023 The matter has been put up on an office note due to some typographical errors which had crept in the Judgment dated 21.08.2023, wherein, in paragraph 19, 20 and 21, inadvertently the word ‘Division Bench’ in place of ‘Co-ordinate Bench’ has been typed out. Rectifying the said errors, the judgment dated 21.08.2023 shall now be read as under:-

“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

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