CM(M) 537/2019 & CM(M) 1168/2021

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Judgment Reserved on : 11^th January, 2022

Judgment Delivered on : 07^th February, 2022

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CM(M) 537/2019 & CM No. 29207/2019 (for placing on record

additional documents), CM No. 8201/2020 (for permission to file

documents), CM No. 8203/2020 (for condonation of delay of 7 days

in

refiling),

CM

No.

3863/2021(for

evidence),

CM

No.

36780/2021(for

permission

to

file

documents),

CM

No.

38461/2021(for rectification of order dated 20.09.2021), CM No.

38511/2021(for dismissal in limine), CM No. 38513/2021(for

condonation of delay of 97 days in refiling two accompanying CMs),

CM No. 364/2022 (for rectification/modification of order dated

15.11.2021by R-3)

RAVI KUMAR BAJAJ

..... Petitioner

Through:

Mr. Siddharth Yadav, Sr. Advocate

with

Mr.

Wasim

Ashraf

and

Mr.Narender Lodiwal, Advocates.

versus

ASHOK BAJAJ & ORS

..... Respondents

Through:

Mr. Amit Bhagat & Ms. Arzoo Raj,

Advocates for R-1.

Ms. Gayatri Bajaj, Mr. Siddharth

Bajaj

and

Ms.

Natasha

Bajaj/respondents no. 2, 3 & 4 in

person.

Mr. Shankar Kumar Jha, Advocate

for R-5/L&DO.

2022:DHC:483

CM(M) 537/2019 & CM(M) 1168/2021

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CM(M) 1168/2021 & CM No. 45595/2021(for condonation of delay

in filing), CM No. 45596/2021(for stay)

GAYATRI BAJAJ & ORS.

..... Petitioners

Through:

Ms. Gayatri Bajaj, Mr. Siddharth

Bajaj

and

Ms.

Natasha

Bajaj/petitioners no. 1, 2 & 3 in

person.

versus

RAVI KUMAR BAJAJ & ORS.

..... Respondents

Through:

Mr. Siddharth Yadav, Sr. Advocate

with Mr. Wasim Ashraf and Mr.

Narender Lodiwal, Advocates for

R-1.

Mr. Shankar Kumar Jha, Advocate

for R-5/L&DO.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

JUDGMENT

AMIT BANSAL, J.

[VIA VIDEO CONFERENCING]

CM

No.

45595/2021(for

condonation

of

delay

in

filing)

in

CM(M)1168/2021

1.

For the reasons stated in the application, the same is allowed.

CM No. 45596/2021(for stay) in CM(M)1168/2021

2.

The present application has been filed by the petitioner seeking (i)

stay of the proceedings in CM(M) 537/2019; and (ii) that the petition being

CM(M) 1168/2021 be heard and decided first.

2022:DHC:483

CM(M) 537/2019 & CM(M) 1168/2021

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3.

Since both the aforesaid petitions, CM(M) 1168/2021 and CM(M)

537/2019 are being heard and decided together, the present application has

become infructuous and is disposed of as such.

CM No. 8203/2020 (for condonation of delay of 7 days in refiling) in

CM(M) 537/2019

4.

For the reasons stated in the application, the same is allowed.

CM No. 29207/2019 (for placing on record additional documents), CM

No. 8201/2020 (for permission to file documents) & CM No.

36780/2021(of R-3 for permission to file documents) in CM(M) 537/2019

5.

For the reasons stated in the applications, the same are allowed.

CM No. 3863/2021(for evidence) in CM(M) 537/2019

6.

This application has been filed for taking evidence to be incorporated

at the stage of oral arguments.

7.

There is no basis for the reliefs claimed in the present application for

taking such evidence in petitions filed under Article 227 of the Constitution

of India.

8.

Accordingly, the application is dismissed.

CM No. 38461/2021(for rectification of order dated 20.09.2021) in

CM(M) 537/2019

9.

The present application has been filed by the applicant/respondent

no.3 seeking rectification of the order dated 20^th September, 2021 passed by

this Court.

10.

For the reasons stated in the present application, the application is

partly allowed in respect of the modifications sought in paragraphs 7(b) and

7(c) of the present application.

11.

By the said order, early hearing of CM(M) 537/2019, on an

application filed by the petitioner, being CM No.32616/2021,