Judgment · High Court
Case at a glance
- Bench
- TARA VITASTA GANJU
Provisions considered
- Code of Civil Procedure, 1908 ss. 115, 151; O. XXXVII r. 3
Key paragraphs
- Para 33. The Petitioners seek and are granted permission of the Court to withdraw the present Petitions with liberty to file an appropriate Application before the learned Trial Court in behalf of their contentions in accordance with law.
Judgment
Cause title
& 58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.R.P. 19/2025 & CM Appl. 4801/2025 VIKRAM KOCHHAR .....Petitioner Through:
Mr. Sushant Bali, Mr. Nikunj Bindal, Ms. Nishtha Dhall and Mr. Arjit Sharma, Advs.
versus
ACCORD BUILDERS & ORS. .....Respondents Through:
Mr. Aditya Kumar, Adv. (58) + C.R.P. 20/2025 & CM Appl. 4810/2025 SHWETA KOCHHAR .....Petitioner Through:
Mr. Sushant Bali, Mr. Nikunj Bindal, Ms. Nishtha Dhall and Mr. Arjit Sharma, Advs.
versus
ACCORD BUILDERS & ORS. .....Respondents Through:
Mr. Aditya Kumar, Adv.
CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU
O R D E R
% 26.05.2025
The present Petitions have been filed under Section 115 read with Section 151 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”] impugning two orders, both dated 22.10.2024 [hereinafter referred to as “Impugned Orders”] passed by the learned DJ-01, South, Saket Court, New Delhi. By the Impugned Orders, the Applications for grant of leave to defend under Order XXXVII Rule 3 of the CPC filed by the Respondents/Defendants have been allowed.
After some arguments, learned Counsel for the Petitioners submits that since the Respondents have admitted the loan amount, the Respondents may be directed to deposit some amounts to show their bona fides. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/05/2025 at 13:16:04
2.1 Learned Counsel for the Respondents, on the other hand, refutes the fact that there is an admission qua the said loan amount.
The Petitioners seek and are granted permission of the Court to withdraw the present Petitions with liberty to file an appropriate Application before the learned Trial Court in behalf of their contentions in accordance with law.
The Petitions are accordingly dismissed as withdrawn with liberty as prayed for, albeit in accordance with law. Pending Applications stand closed.
The parties will act based on the digitally signed copy of the order. TARA VITASTA GANJU, J MAY 26, 2025/r Click here to check corrigendum, if any
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.