01 May 2009
Supreme Court
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M/S WATER & POWER CONSULTANCY SER(I)LD Vs SUDHA GADODIA

Case number: C.A. No.-003273-003274 / 2009
Diary number: 11616 / 2009
Advocates: SHARMILA UPADHYAY Vs


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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

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 25th 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  8thof  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.

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…………………………J. [ TARUN CHATTERJEE ]

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