ARJUN CHOWDHRY vs CAPITAL LAND BUILDERS PVT LTD & ORS.

Judgment text excerpt

$~84 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 05.05.2025 + FAO(OS) 54/2025 ARJUN CHOWDHRY .....Appellant Through: Mr.Ashish Mohan, Sr. Adv. with Mr.Hem Kumar, Mr.Samarth Choudhary, Advs. versus CAPITAL LAND BUILDERS PVT LTD & ORS. .....Respondents Through: Mr.Ashish Negi, Mr.Satish Sharma, Advs for R-1 with Mr.Manoj Bansal, AR. Mr.Jagdish Chandra, CGSC, Mr.Tushar Arora, Mr.Shubhankar Mishra, Advs. for UOI. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE DHARMESH SHARMA NAVIN CHAWLA, J. (ORAL) CM APPL. 26899/2025 (Exemption) 1. Allowed, subject to all just exceptions. FAO(OS) 54/2025 2. This appeal has been filed under Section 10 of the Delhi High Court Act, challenging the Order dated 25.03.2025 passed by the learned Single Judge of this Court in I.A. NO. 2243/2025 in CS (OS) 1906/2006, titled Capital Land Builders Pvt. Ltd. & Ors. v. M/s Signature Not Verified Digitally Signed FAO(OS) 54/2025 Page 1 of 3 By:RENUKA NEGI Signing Date:09.05.2025 20:10:39 Shaheed Memorial Society (Regd.), dismissing the application filed by the appellant herein seeking recall and further cross-examination of PW2, Mr.Shammi, who had appeared as a witness from the Office of the Registrar of Companies, NCT of Delhi and Haryana (ROC). 3. The above application was premised on the submission that PW6, who was examined on 02.12.2024, had inter alia exhibited two documents, that is, a Letter dated 18.07.2000 addressed by the ROC to the Bench Officer, Company Law Board (Ex.PW6/2), and a Letter dated 15.05.2007, also addressed by the ROC to the Bench Officer, Company Law Board. 4. The learned senior counsel for the appellant submits that while PW2, in his evidence has produced the copies of the Annual Returns of the plaintiff no.1 company for the years 1968, 1979, 1981