M/S Water & Power Consultancy Ser(I)Ld vs Sudha Gadodia & Anr

CIVIL APPEAL NO.3273-3274 OF 2009 [ Arising out of SLP [C] Nos.9683-9684 of 2009 ]

M/s Water and Power Consultancy Services[India]Ltd. .... Appellant

VERSUS

Sudha Gadodia and Anr. ... Respondents

O R D E R

1. Leave granted.

2. This appeal has been preferred against an order dated 25 th of February, 2009, passed by a

learned judge of the High Court of Delhi at New Delhi in CMM No.143 of 2009 and CMM No.2725

of 2009, by which the High Court reversed an order of the Additional District Judge directing the

respondent to withdraw the admitted rent in respect of the property in question against furnishing

of a bank guarantee.

3. We have heard learned counsel for the parties and after going through the impugned order

and other materials on record, we are not inclined to interfere with the order of the High Court.

However, from a perusal of the impugned order, it appears that the High Court has directed the

Chairman of the appellant company to be personally present in Court on 8 thof April, 2009.

Considering the facts and circumstances, we do not think that such an order ought to have been

passed directing the Chairman to be personally present in Court only because the appellant

sought number of adjournments.

4. Accordingly this part of the impugned order directing the Chairman of the appellant

company to be personally present in Court is deleted. The appeal is thus disposed of. Since, this

order has been passed in the absence of the respondent, we keep it open for the respondent to

apply for recall of this order, if so advised.

..............................J. [ TARUN CHATTERJEE ]

NEW DELHI: ...............................J. MAY 01,2009 [ H.L. DATTU ]