FAO(OS) 190/2009 Page 1 of 3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) 190/2009 & CM Nos. 6843-44/2009 % Decided on: July 24, 2009 GULSHAN KUMAR ..... Appellant Through: Mr. Mohan Vidhani, Ms. Rahul Vidhani and Mohd. Sazid Rayeen, Advocates with appellant in person. versus GANDHI SCIENTIFIC CO. ..... Respondent Through: Mr. S.K. Bansal and Mr. Akshay Srivastava, Advocates. WITH RFA(OS) 44/2009 & CM Nos. 6840-42/2009 GULSHAN KUMAR ..... Appellant Through: Mr. Mohan Vidhani, Ms. Rahul Vidhani and Mohd. Sazid Rayeen, Advocates with appellant in person. versus GANDHI SCIENTIFIC CO. ..... Respondent Through: Mr. S.K. Bansal and Mr. Akshay Srivastava, Advocates. CORAM: HON'BLE MR. JUSTICE MUKUL MUDGAL HON'BLE MR. JUSTICE NEERAJ KISHAN KAUL 1. Whether the Reporters of the local newspapers be allowed to see the Judgment? [NO] 2. To be referred to the Reporter or not? [NO] 3. Whether the Judgment should be reported in the Digest? [NO] J U D G M E N T (ORAL) 24.07.2009 MUKUL MUDGAL, J. 1. After hearing the counsel for the parties at length, we have taken note of the fact that the counsel have agreed to the disposal of both these appeals by consent. Appellant Shri FAO(OS) 190/2009 Page 2 of 3 Gulshan Kumar is also present in the Court and his consent has also been obtained by Mr. Vidhani, learned counsel appearing on behalf of the appellant. 2. Insofar as the RFA(OS) No. 44 of 2009 is concerned, the impugned order dated 13th April, 2009 passed by the learned Single Judge in CS(OS) No. 382 of 2008 dismissing the said suit is set aside and the suit CS(OS) No. 382 of 2008 is restored to its original number on the file. 3. However, we make it clear that it will be open to the parties to urge the issue of genuineness of the documents before the learned Single Judge when the matter is taken up. The costs of Rs.2,00,000/-imposed by the learned Single Judge are also waived. 4. So far as the appeal being FAO(OS) No. 190 of 2009 preferred against the impugned order dated 13th April, 2009 in I.A. Nos. 7344 and 9687 of 2007 in CS(OS) No. 1192 of 2007 is concerned, it is ordered that the appeal against the order in I.A. No. 7344 of 2007 is dismissed and the appeal against the order in I.A. No. 9687 of 2007 is also dismissed but the costs of Rs.25,000/- imposed by the learned Single Judge stand waived. 5. Accordingly, both these appeals stand disposed of. All the FAO(OS) 190/2009 Page 3 of 3 pending applications also stand disposed of. 6. Mr. Vidhani, learned counsel for the appellant prays that the suit be disposed of expeditiously. It shall be open to him to raise such plea before the learned Single Judge. MUKUL MUDGAL, J NEERAJ KISHAN KAUL, J JULY 24, 2009 sb