Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 29321 (PNJ)

BATA STEEL PRIVATE LIMITED AND OTHERS v. M/S ASIAN PACKAGING AND OTHERS

CR/1639/2025 · 2025-03-20

Deepak Gupta

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH **** 135 CR-1639-2025 Date of Decision.:20.03.2025 Bata Steels Pvt. Ltd. and Others Pe//oners Vs. M/s Asian Packaging and Others Respondents CORAM: HON’BLE MR. JUSTICE DEEPAK GUPTA Present: Dr. Rajansh Thukral, Advocate for the peoners. **** DEEPAK GUPTA, J. (ORAL) Suit for decree of permanent injuncon regarding property in dispute was filed by plainff M/s Asian Packaging (respondent No.1 herein) claiming to be tenant of the demised property. The said suit was filed against Manmeet Singh and Hardeep Kaur (peoner Nos.2 and 3 herein). In that suit applicaon under Order VII Rule 11 CPC was moved by the defendants for rejecon of plaint but that has been dismissed by the trial Court vide order dated 27.01.2025. 2. The aforesaid order has been assailed before this Court not only by defendants of the case Manmeet Singh and Hardeep Kaur but also by Bata Steels Pvt. Ltd. as it is claimed that Smt. Hardeep Kaur is the Managing Director and Manmeet Singh is one of the Directors of said Bata Steels Pvt. Ltd. 3. Along with the revision, an applicaon bearing No.CM-5418-CII- 2025 has also been moved under Order 1 Rule 10 CPC to implead M/s Bata Steels Pvt. Ltd. as peoner No.1. 4. A:er arguing for some me, it has been conceded by learned counsel that no applicaon was moved before the trial Court by M/s Bata Steels Pvt. Ltd. to be impleaded as a party. Since it was not a party, so NEETIKA TUTEJA 2025.03.24 11:30 I attest to the accuracy and integrity of this document CR-1639-2025 -2- obviously no applicaon was moved by the said peoner Bata Steels Pvt. Ltd. under Order VII Rule 11 CPC for rejecon of the plaint. 5. Faced with the aforesaid situaon, learned counsel seeks me to approach the trial Court concerned to move appropriate applicaon under Order 1 Rule 10 CPC to be impleaded as one of the defendants in the case, and then to move applicaon under Order VII Rule 11 CPC in accordance with law. Learned counsel has undertaken that he shall move the applicaon under Order 1 Rule 10 CPC within a week from today. Prayer is made to direct the trial Court concerned that a:er filing of the applicaon, same be disposed of expediously. 6. With these submissions, statement is made for withdrawal of the present peon. 7. In view of the aforesaid statement made by learned counsel for the peoners, present peon is hereby disposed of by permi?ng the peoner No.1 M/s Bata Steels Pvt. Ltd. to move necessary applicaon under Order 1 Rule 10 CPC before trial Court concerned to be impleaded as a party within a week from today. In case, any such applicaon is moved within a week, the trial Court concerned shall dispose of it expediously, preferably within one month posively. 8. In case, the applicaon is allowed, the applicant will also be at liberty to move applicaon under Order VII Rule 11 CPC, which shall be disposed of by the trial Court in accordance with law. ( DEEPAK GUPTA ) JUDGE March 20, 2025 Neeka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NEETIKA TUTEJA 2025.03.24 11:30 I attest to the accuracy and integrity of this document