28.06.2021 1 HIGH COURT OF DELHI [CAUSE LIST] CLICK HERE:- 1. PRACTICE DIRECTIONS In compliance of the directions given by this Court on 02.06.2021, in the case titled “Ircon International Vs. Hindustan Construction Co. Ltd.” {FAO (OS) (COMM) 173/2018 & FAO (OS) (COMM) 174/2018} CLICK HERE:- 2. PRACTICE DIRECTION In compliance of the directions issued by the Hon’ble Court on 11.05.2021 in CM (M) No. 144/2021 and CM (M) No. 6526/2021 titled Mothers Pride Education Institution Pvt. Ltd versus Smt Shukla Sehgal,
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28.06.2021 1 HIGH COURT OF DELHI [CAUSE LIST] · 2021. 6. 27. · 28.06.2021 1 HIGH COURT OF DELHI [CAUSE LIST] CLICK HERE:-1. PRACTICE DIRECTIONS In compliance of the directions
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28.06.2021 1 HIGH COURT OF DELHI [CAUSE LIST]
CLICK HERE:-
1. PRACTICE DIRECTIONS
In compliance of the directions given by this Court on 02.06.2021, in the case titled “Ircon International Vs. Hindustan Construction Co. Ltd.” {FAO
(OS) (COMM) 173/2018 & FAO (OS) (COMM) 174/2018}
CLICK HERE:-
2. PRACTICE DIRECTION
In compliance of the directions issued by the Hon’ble Court on 11.05.2021 in CM (M) No. 144/2021 and CM (M) No. 6526/2021 titled Mothers Pride
Education Institution Pvt. Ltd versus Smt Shukla Sehgal,
28.06.2021 2 HIGH COURT OF DELHI [CAUSE LIST]
HIGH COURT OF DELHI: NEW DELHI
No. 75/Rules/DHC Dated : 21.06.2021
PRACTICE DIRECTIONS
In compliance of the order of Hon’ble Supreme Court of India dated 16.04.2021 passed in Suo Motu
Writ Petition (Criminal) No. 2/2020 titled “In Re: Expeditious Trial of Cases under Section 138 of Negotiable
Instrument Act 1881”, the following directions are hereby issued: -
1. The Magistrates having jurisdiction to try offences under the Negotiable
Instruments Act, 1881 (in short N.I. Act),shall record cogent and sufficient reasons
before converting a complaint under Section 138 of the N.I. Act from summary trial
to summons trial in exercise of power under the second proviso of section 143 of
N.I.Act. Due care and caution shall be exercised in this regard and the conversion of
summary trial to summons trial shall not be in a mechanical manner.
2. On receipt of any such complaint under Section 138 of N.I. Act, wherever it is
found that any accused is resident of the area beyond the territorial jurisdiction of
the Magistrate concerned, an inquiry shall be conducted by the Magistrate to arrive
at sufficient grounds to proceed against the accused as prescribed under Section
202Cr.P.C.
The roster of sitting of Hon'ble Judges during Summer
Vacation from 05.06.2021 to 02.07.2021 shall be as under:
SL.
NO.
NAMES OF THE HON'BLE JUDGES PERIOD
1.
HON'BLE MS. JUSTICE REKHA PALLI
HON'BLE MR. JUSTICE AMIT BANSAL
05.06.2021
TO
11.06.2021
2.
HON'BLE MR. JUSTICE NAVIN CHAWLA
HON'BLE MS. JUSTICE ASHA MENON
12.06.2021
TO
18.06.2021
3.
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
HON'BLE MR. JUSTICE JASMEET SINGH
19.06.2021
TO
25.06.2021
4.
HON'BLE MR. JUSTICE C.HARI SHANKAR
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
26.06.2021
TO
02.07.2021
28.06.2021 3 HIGH COURT OF DELHI [CAUSE LIST]
3. While conducting any such inquiry under Section 202 Cr.P.C., the evidence of
witnesses on behalf of the complainant shall be permitted to be taken on affidavit.
In suitable cases, the Magistrate may restrict the inquiry to examination of
documents for satisfaction as to the sufficiency of grounds for proceeding under the
said provision.
4. Trial Court shall treat service of summons in one complaint under Section 138 N.I.
Act forming part of a transaction, as deemed service in respect of all complaints
filed before the same Court relating to dishonor of cheques issued as part of the
same transaction.
5. Trial Courts have no inherent power to review or recall the issue of summons in
relation to complaint filed under Section 138 of N.I. Act. However, the same shall
not affect the power of the Trial Court under Section 322 of Cr.P.C to revisit the
order of issue of process in case it is brought to the court’s notice that it lacks
jurisdiction to try the complaint.
6. Section 258 of Cr.P.C. has no applicability to complaints under Section 138 of
N.I.Act. The words “as far as may be” in Section 143 are used only in respect of
applicability of Sections 262 to 265 of the Code and the summary procedure to be
followed for trials under the said Code.
7. The Appellate Courts before which appeals against the judgments in complaint
under Section 138 of N.I. Act are pending are directed to make an effort to settle the
dispute through mediation.
These Practice Directions shall come into force with immediate effect.
By Order
Sd/-
(MANOJ JAIN)
REGISTRAR GENERAL
HIGH COURT OF DELHI AT NEW nF.I.HT
No.76/Rules/DHC Dated: 25.06.2021
PRACTICE DIRECTIONS
In compliance of the directions given by this Court on 02.06.2021, in the casetitled Ircon International Vs. Hindustan Construction Co. Ltd." {FAO (OS) (COMM)173/2018 & FAO (OS) (COMM) 174/2018), the following practice directions ateissued in respect of those matters where Bank Guarantees are required to be furnishedin this Court
i). That henceforth, a clause of term shall be necessarily incorporatedin every Bank Guarantee furnished by a party in this Court for release of the
amounts deposited in the Court. Such term shall be to the effect, that in case
the Bank Guarantee is not renewed, at least ten days before the expiry of theBank Guarantee, by the party at whose instance the Bank Guarantee has
been furnished, the Bank shall, without any further demand by the
beneficiary or reference to the party at whose instance the Bank Guarantee
has been furnished, proceed to encash the Bank Guarantee and remit the
amount thereunder to the beneficiary under the Bank Guarantee.
ii). In order to save time, inconvenience and cost to the parties and the
bank, the Bank Guarantees, both at the time when they are initially
furnished and even at the time of their renewal, be verified through video
conferencing, unless one, or the other party- for good valid reasons, insists
on production of authorized officer from the bank before the Court for the
purpose of verification, which that party has to satisfy the Hon'ble Court
/Registrar, by giving reasonable reasons for permitting the physical
production of authorized/competent officer.
The copy of the above-mentioned judgment is also attached herewith for
reference.
These Practice Directions shall come into force with immediate effect.
By OrderSd/-
(MANOJ JAIN)REGISTRAR GENERAL
+
+
$~8 & 12
* IN THE HIGH COURT OF DELHI AT NEW DELHIT7An(r)S^ rCOMTVn 174/2018
T7AOrOSI (COM1VD 173/2018
TRCON INTERNATIONALThrough; Mr. Gauhar Mirza, Mr. Prakhar Deep,
Mr. Nishant Doshi & Mr. JasvinderSingh, Advocates.
versus
HINDUSTAN CONSTRUCTION CO LTDThrough; Mr. Dayan Knslman, Senior
Advocate with Mr. Rishi Agrawala,Ms. Shruti Arora & Mr. SanjeeviSeshadri, Advocates.
CORAM;HON'BLE MR. JUSTICE VIPIN SANGHIHON'BLE MR. JUSTICE JASMEET SINGH
ORDER
0/^ 02.06.2021
C.M. Nos.l 7708/2021 & 17824/2021
1. The applications filed by the appellant do not survive since therespondent has punctually renewed the Bank Guarantees with information tothis Court and the appiications were filed only since the appeliant had notbeen put to notice of the said renewals.
2 We think it appropriate to issue certain Tractice Directiom' to plugany loophole in the matter of renewal of Bank Guarantees famished by theparties as a condition for reiease of amount in their favour, which may bedeposited by the opposite party during the proceedings pendency in the
Court.
3. Particularly, in appeals against money decrees, or judgment in the
nature of money decrees, whenever an appeal is preferred — keeping in viewthe legal position adumbrated in Order XLI Rule 5 of the Code of CivilProcedure, 1908, the Court directs the appellant to deposit the money under
the decree, which is then allowed to be withdrawn by the respondent againstfurnishing of solvent security, more often than not the security offered bythe respondent in the form of a Bank Guarantee. Once the Bank Guaranteeis furnished, the same is verified before the Registrar by production of thecompetent officer of the Bank which furnished the Banlc Guarantee. Hisstatement is recorded to the effect that the Bank Guarantee given by the
Bank (at the instance the party who desires to get the amount deposited inthe Court released in liis favour); has been actually furnished by the Bank at
the instance of the respondent; that the officer has authority to appear on
behalf of the Banl<, which furnished the Bank Guarantee and make a
statement, and; the Bank would honour its Guarantee in its terms, if and
when invoked.
4. The Bank Guarantees furnished by the Banks are not open-ended and
have a fixed life during which they remain valid, and invariably, on account
of heavy pendency, the proceedings/ appeal in which the Bank Guaranteehas been furnished, may not get decided before the date of expiry of the
Bank Guarantee and it may be necessary for the respondent to cause the
renewal of the Bank Guarantee till the matter is fmally heard by the Court.
Since the respondent receives the deposited decreetal amount by furnishingthe Bank Guarantee, the obligation to get the Bank Guarantee renewed in
/
time squarely falls on the respondent, to secure the amount tliat receive,upon furnishing and verification of the initial Bank Guarantee.
5. Several orders have been brought to our notice passed by the
Registrars of this Court while accepting the Bank Guarantees upon
verification. The orders direct the Registry to ensure listing of the matter
before the Registrar two to four weeks before the date of expiry of the BankGuarantee so that, in case the respondent does not renew the Bank
Guarantee in time, the same could be invoked to protect the interest of the
beneficiary under the Bank Guarantee.
6. It is under the orders passed by the Court that, during pendency of the
appeal proceedings, the appellant makes the deposit of the decretal amount,
which is further released to the respondent against furnishing of Bank
Guarantee. It, thus, falls upon the Court to ensure that the interest of the
appellant is adequately protected and it should not happen that - on account
of omission on the part of the Registry in listing the matter before the
Registrar before the expiry of the. Bank Guarantee, the Bank Guarantee
lapses without renewal and the appellant is exposed to a situation wheremoney has been withdrawn by the respondent against the Bank Guarantee
which has lapsed, and even after being called upon to renew the BankGuarantee, and restitute the amount, the respondent complies with neither of
these directions for myriad reasons. The respondent, deliberately, may not
renew the Bank Guarantee, or it may not be in a position to renew the Bank
Guarantee on account of its financial condition. In either case, if the Bank
Guarantee is riot renewed in time, the appellant would be put to serious
financial prejudice. Since the amount is released to the respondent against
furnishing of a Bank Guarantee, the onus to renew the Bank Guarantee
squarely falls on the respondent to ensure that the same is kept alive till the
matter is finally disposed of.
7. We are, therefore, of the view that henceforth whenever Bank
Guarantees are furnished by a party for release of the amounts deposited in
Court, Bank Guarantees should also contain a tenn to the effect, that in case
the Bank Guarantee is not renewed, at least ten days before the expiry of the
Bank Guarantee, by the party at whose instance the Bank Guarantee has
been furnished, the Bank shall, without any further demand by the
beneficiary or reference to the party, at whose instance the Bank Guarantee
has been furnished, proceed to encash the Banlc Guarantee and remit the
amount thereunder to the beneficiary under the Bank Guarantee.
Incorporation of such a clause in the Bank Guai'antee furnished by the Bank
would obviate the problem caused by possible failure on the part of the
Registry to list the matter before the Registrar two or four weeks before the
expiry of the Bank Guarantee, as directed.
8. We, therefore, direct that such a clause should henceforth be
necessarily incorporated in every Bank Guarantee furnished to the
satisfaction of the Registrar of the Court, by any party.
9. We find that during the Covid-19 Pandemic, the Bank Guarantees
furnished to the Court have been got verified through video-conferencing
mode. In our view, the same can be adopted as the normal mode of
verification of the Bank Guarantees - both at the time when they are initially
furnished, and even at the time of their renewal, so as to save time.
inconvenience to parties, and costs to the parties and the Bank, unless one, ^the other party - for good and valid reasons, insists on production of the
authorised officer from the Bank before the Court for the purpose of
verification. In such a situation, a party who has reservations against
verification of the Banlc Guarantee at its initial furnishing, or upon renewal,
should satisfy the Court on the reasonableness of its reservation by
disclosing the reasons as to why physical production of the competent/
authorized officer of the Bank is considered necessary.
10. We direct the Registry to incorporate the terms of this order into
'Practice Directions' and the same should be made aware to all the
Registrars dealing with cases of acceptance of Bank Guarantees and renewal
thereof.
11. We, once again, make it clear that the mere fact that we have issued
these Practice Directions'' in the present appeals, does not mean that we
find the conduct of the respondents in these appeals to be, in any way,
blameworthy insofar as renewal of Bank Guarantees is concerned in the
present appeals.
12. The applications stand disposed of. i A ^
fA —
J j
JASMEET SIJNGU, ̂JUNE 02, 2021B.S. Roliella
HIGH COURT OF DELHI;NEW DELHI
PRACTICE DIRECTION
No. 77 /Rules/DHC Dated:25.06.2021
In compliance of the directions issued by the Hon'ble Court on 11.05.2021 in CM (M) No.
144/2021 and CM (M) No. 6526/2021 titled Mothers Pride Education Institution Pvt. Ltd versus Smt
Shukla Sehgal, it is hereby notified that the proforma for 'Summons for Settlement of Issues in a
Suit Relating to Commercial Dispute' as already prescribed by this Court vide Practiee Direction
dated 27.11.2015 shall also be applicable to all Commercial Courts in the Distriet Courts of Delhi.
For reference, the Practice Direction dated 27.11.2015 are attached herewith.
This Practice Direction shall come into foree with immediate effect. However, it shallbe read prospectively and shall not result in reopening of the cases where summons had notbeen earlier sent as per the aforesaid prescribed format.
By OrderSd/-
(MANOJ JAIN)REGISTRAR GENERAL
%
rs
I HIGH COURT OF DELHI AT NEW DELHIIX f ,
No..../Orgl./DHC Dated:
PRACTICE DIRECTION
Hon'ble the Chief Justice, on the recommendations of the Hon'ble JudgeIn-Charge (Original Side) has been pleased to direct that Summons forsettlement of Issues in a Suit relating to Commercial Dispute shall be issued asper proforma given below:-
"Summons for Settlement of Issues in a Suit Relating to Commercial Dispute(U/s 6 of the Commercial Courts, Commercial Division and Commercial AppellateDivision ofHigh Courts Ordinance, 2015 amending Order V, Rule 1 of Code of
Civil Procedure, 1908)
In the Court of
of. Plaintiff
Against
of. Defendant.
To
(Name, description and place of residence)
Whereas has instituted a suit relating to a commercial disputeagainst you and you are hereby summoned to file a written statement within 30 daysof the service of the present summons and in case you fail to file the writtenstatement within the said period of 30 days, y<ou shall be allowed to file thewritten statement on such other day, as may be specified by the Court, forreasons to be recorded in writing and on payment of such costs as the Courtdeems fit, but which shall not be later than 120 days from the date of service ofsummons. On expiry of one hundred and twenty days from the date of serviceof summons, you shall forfeit the right to file the written statement and theCourt shall not allow the written statement to be taken on record.
You are required to appear in this Court in person, or by a pleader dulyinstructed, and able to answer all material questions relating to suit, or who shall beaccompanied by some person able to answer all such questions, on the dayof. at O' clock in the noon, to answer theclaim; and further you are hereby to produce on the said day all documents in yourpossession or power upon which you base your defence or claim for set-off orcounter-claim, and where you rely on any other document whether in yourpossession or power or not, as evidence in support or you defence or claim for set-off, or counter-claim you shall enter such documents in a list to be annexed to thewritten statement.
Take notice that, in default of your appearance on the day before mentioned, thesuit will be heard and determined in your absence.
Given under my hand and the seal of the Court, thisof. 20
day
Judge"
By Order
(VINOD GOEL)REGISTRAR GENERAL
28.06.2021 1 HIGH COURT OF DELHI [CAUSE LIST]
**
LIST OF BUSINESS FOR
MONDAY, THE 28 th JUNE, 2021
MATTERS LISTED FOR 28.06.2021 HON'BLE MR. JUSTICE C.HARI SHANKAR
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
[NOTE: IN CASE ANY ASSISTANCE IS REQUIRED, PLEASE CONTACT MR.ANIL KUMAR (9650905655)COURT MASTER AND
MR VIKRAM (7982780076) ASSISTANT COURT MASTER TO HMJ C. HARI SHANKAR & MR. DALIP KUMAR BAJAJ
(MOBILE NO. 8448937467), COURT MASTER & MR. RAVINDER SINGH LINGWAL, ACM (8588836636) TO
HON’BLE MR. JUSTICE SUBRAMONIUM PRASAD.
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