Rajesh Ghai v. Attechi House Through Its Partners

Delhi High Court · 22 Aug 2025 · 2025:DHC:7290
Manoj Jain
CM(M) 1582/2025
2025:DHC:7290
civil petition_dismissed

AI Summary

The High Court dismissed the petition as the defendant had filed the application seeking leave to defend within time, directing the parties to proceed before the trial court.

Full Text
Translation output
CM(M) 1582/2025 1
HIGH COURT OF DELHI
Date of Decision: 22nd , August, 2025
CM(M) 1582/2025, CM APPL. 51961/2025 & CM APPL. 51962/2025
RAJESH GHAI PROP OF FIRST BAGS .....Petitioner
Through: Mr. Rekha Rustagi, Adv.
VERSUS
ATTECHI HOUSE THROUGH ITS PARTNERS .....Respondent
Through: Mr. Ketan Marwah, Adv.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. From the facts presented before this Court, apparently, there was some confusion in the mind of the defendant as to whether the suit in question was a regular suit or a summary suit.

2. Be that as it may, the petitioner/defendant has, as informed, already filed an application seeking leave to defend and learned counsel for respondent/plaintiff, who appears on advance notice through video conferencing, also submits that he has received copy of such application seeking leave to defend. Learned counsel for respondent/plaintiff also submits that the abovesaid application seeking leave to defend has been filed by the defendant within time and submits that he would file response thereto.

3. Accordingly, nothing survives in the present petition.

4. In view of above, the parties are directed to adhere to the further CM(M) 1582/2025 2 directions to be passed by learned Trial Court.

5. Present petition stands disposed of in aforesaid terms.

6. Pending applications stand disposed of in aforesaid terms.

JUDGE AUGUST 22, 2025/ck/pb