Delhi HC: Court should not reject an application only on the ground that it is made under the wrong provision

Trial court has committed an error in it order dated 13.03.2020 by not noticing that mere incorrect mention of the provision would not disentitle a party from relief, if it is available on merits. Trial court should have entertained the application and treated the same as an application under Order IX Rule 7 and considered whether on merits setting aside of ex-party order was warranted or not.

 IN THE HIGH COURT OF DELHI AT NEW DELHI 

Dated: 16th June, 2020

  CM(M) 364/2020

 FULLERTON INDIA CREDIT CO. LTD. Vs AFTAB AHMED 

CORAM:-

 MR JUSTICESANJEEV SACHDEVA

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Delhi HC: Filing of multiple applications for the same relief suppressing pendency of previous applications amounts to gross abuse of process

The filing of repeated applications and non-disclosure of the same to the Court hearing the matter, and the concealment of the correct facts from the Court clearly gives an impression to this Court that the Plaintiff’s conduct is not bonafide. In any event, the relief sought is not liable to be granted.

 IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 16th June, 2020

 CS(COMM) 201/2017

SHOGUN ORGANICS LTD Vs  GAUR HARI GUCHHAIT & ORS 

CORAM:

JUSTICE PRATHIBA M. SINGH

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