Mr. R.S. Tomar and Mr. Abhishek Gupta v. Shri Rakesh Gupta

Delhi High Court · 26 May 2025 · 2025:DHC:4463
Manoj Jain
CM(M) 995/2025
2025:DHC:4463
civil other

AI Summary

The Delhi High Court directed the Trial Court to expeditiously dispose of the petitioner's pending injunction application to prevent the suit from becoming infructuous, allowing advancement of the hearing date if urgency is shown.

Full Text
Translation output
CM(M) 995/2025 1
HIGH COURT OF DELHI
Date of Decision: 26th May, 2025
CM(M) 995/2025 & CM APPL. 32763-32764/2025
SHRI ARUN KHANDELWAL .....Petitioner
Through: Mr. P.D. Gupta, Sr. Advocate
WITH
Mr. R.S. Tomar and Mr. Abhishek Gupta, Advocates.
VERSUS
SHRI RAKESH GUPTA .....Respondent
Through: Mr. V. K. Bajaj and Ms. Shivani Bardia, Advocates.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. Petitioner has filed a suit for declaration and permanent injunction and, along with the abovesaid suit, the petitioner/plaintiff also moved an application seeking injunction.

2. The grievance in the present petition is limited to the effect that despite the fact that the suit was filed in July, 2024 the abovesaid application has yet not been decided and, if the other side is not restrained, the suit may become infructuous.

3. The next date before the learned Trial Court is stated to be 17.07.2025.

4. The learned counsel for respondent/defendant has also joined the proceedings through video conferencing on advance notice.

5. Keeping in mind the overall facts of the case, the present petition is CM(M) 995/2025 2 disposed with request to learned Trial Court to consider the abovesaid application seeking injunction on the next date and to dispose it of, as expeditiously as possible, after giving due opportunity of hearing to both the sides.

6. In case, the petitioner is of the view that there is some acute urgency in the matter, he would also be at liberty to move appropriate application before the learned Trial Court seeking advancement in the date. In case any such application is moved, the learned Trial Court shall consider the same in accordance with law.

7. The petition stands disposed of in aforesaid terms.

8. The pending application also stand disposed of.

JUDGE MAY 26, 2025/ss/pb