CR-5780-2025 v. VTC Lifts & Escalators Pvt. Ltd

HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN CORAM: HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN Ms. Prakriti Kashyap, Advocate, Present: Ms. Prakriti Kashyap, Advocate, and Mr. Vivek Sethi, Advocate for the petitioner. and Mr. Vivek Sethi, Advocate for the petitioner. and Mr. Vivek Sethi, Advocate for the petitioner. Mr. Akshat Dalal, Advocate, Mr. Akshat Dalal, Advocate, for the respondent. for the respondent. HARPREET KAUR JEEWAN, J. (ORAL) HARPREET KAUR JEEWAN, J. (ORAL) HARPREET KAUR JEEWAN, J. (ORAL)

1. The present Civil Revision has been filed under Article 227 of The present Civil Revision has been filed under Article 227 of The present Civil Revision has been filed under Article 227 of The present Civil Revision has been filed under Article 227 of the Constitution of India impugning the the Constitution of India

10.09.2024 impugning the : (i) order dated 10.09.2024 (Annexure P- rugram, 10), passed by the Civil Judge (Junior Division), Gurugram, -10), passed by the Civil Judge (Junior Division), Gu whereby, application under Order IX Rule 13 of the Code of Civil Procedure, whereby, application under Order IX Rule 13 of the Code of Civil Procedure, whereby, application under Order IX Rule 13 of the Code of Civil Procedure, whereby, application under Order IX Rule 13 of the Code of Civil Procedure, judgment and 1908 (for short, ‘the CPC’) for setting aside the ex parte judgment and 1908 (for short, ‘the CPC’) for setting aside the 1908 (for short, ‘the CPC’) for setting aside the decree dated 02.09.2022 has been dismissed; (ii) order dated 21.05.2025 decree dated 02.09.2022 has been dismissed; (ii) order dated 21.05.2025 decree dated 02.09.2022 has been dismissed; (ii) order dated 21.05.2025 decree dated 02.09.2022 has been dismissed; (ii) order dated 21.05.2025 (Annexure P- 12), passed by the District Judge, Gurugram, dismissing the -12), passed by the District Judge, Gurugram, dismissing the 12), passed by the District Judge, Gurugram, dismissing the appeal filed thereagainst; and (iii) exparte appeal filed thereagainst; and (iii) judgment and decree dated exparte judgment and decree dated assed by the Civil Judge against the petitioner. 02.09.2022 (Annexure P-6), passed by the Civil Judge against the petitioner. 02.09.2022 (Annexure P

2. Learned counsel for the parties have reached a consensus that Learned counsel for the parties have reached a consensus that Learned counsel for the parties have reached a consensus that Learned counsel for the parties have reached a consensus that and 21.05.2025 as well as the the impugned orders dated 10.09.2024 and 21.05.2025 as well as the and 21.05.2025 as well as the the impugned orders dated 10.09.202 judgment/decree dated 02.09.2022 be set aside and the petitioner be granted judgment/decree dated 02.09.2022 be set aside and the petitioner be granted judgment/decree dated 02.09.2022 be set aside and the petitioner be granted judgment/decree dated 02.09.2022 be set aside and the petitioner be granted AVTAR SINGH 2026.01.19 14:22 I attest to the accuracy and integrity of this document order/judgment CR-5780-2025 an opportunity to contest the original civil suit bearing No.3226 of 2021 an opportunity to contest the original civil suit bearing No.3226 of 2021 an opportunity to contest the original civil suit bearing No.3226 of 2021 an opportunity to contest the original civil suit bearing No.3226 of 2021 2 (O&M) (O&M) “VTC Lift and Escalators Pvt. Ltd. Vs. M/s Jayanti Films Pvt. titled as “VTC Lift and Escalators Pvt. Ltd. Vs. M/s Jayanti Films Pvt. “VTC Lift and Escalators Pvt. Ltd. Vs. M/s Jayanti Films Pvt. “VTC Lift and Escalators Pvt. Ltd. Vs. M/s Jayanti Films Pvt. , subject to the condition that the petitioner deposits a sum of Ltd.”, subject to the condition that the petitioner deposits a sum of , subject to the condition that the petitioner deposits a sum of , subject to the condition that the petitioner deposits a sum of Rs.8,00,000/- before the trial Court, which shall be released to the - before the trial Court, which shall be released to the before the trial Court, which shall be released to the respondent and such release shall be subject to the final outcome of the civil respondent and such release shall be subject to the final outcome of the civil respondent and such release shall be subject to the final outcome of the civil respondent and such release shall be subject to the final outcome of the civil that trial of the original civil suit suit on merits. Parties are further ad idem that trial of the original civil suit that trial of the original civil suit suit on merits. Parties are further bound and the petitioner shall avail only 02 effective aforesaid be made time-bound and the petitioner shall avail only 02 effective bound and the petitioner shall avail only 02 effective aforesaid be made time opportunities to conclude his evidence, after filing written statement. opportunities to conclude his evidence, after filing written statement. opportunities to conclude his evidence, after filing written statement.

4. I have heard learned counsel for the parties. I have heard learned counsel for the parties. I have heard learned counsel for the parties. of the aforesaid consensus arrived at between the In view of the aforesaid consensus arrived at between the of the aforesaid consensus arrived at between the In view parties, the impugned orders dated 10.09.2024 parties, the impugned orders dated 10.09.202 and 21.05.2025 as well as the 4 and 21.05.2025 as well as the judgment/decree dated 02.09.2022 are set aside; the matter is remanded back judgment/decree dated 02.09.2022 are set aside; the matter is remanded back judgment/decree dated 02.09.2022 are set aside; the matter is remanded back judgment/decree dated 02.09.2022 are set aside; the matter is remanded back ) afresh, to the trial Court to decide the civil suit bearing No.3226 (supra) afresh, to the trial Court to decide the civil suit bearing No to the trial Court to decide the civil suit bearing No defendant to file after affording 01 effective opportunity to the petitioner-defendant to file after affording 01 effective opportunity to the petitioner after affording 01 effective opportunity to the petitioner written statement. After framing of the issues, both the parties shall be given written statement. After framing of the issues, both the parties shall be given written statement. After framing of the issues, both the parties shall be given written statement. After framing of the issues, both the parties shall be given 02 effective opportunities each to conclude their evidence, however, this 02 effective opportunities each to conclude their evidence, however, this 02 effective opportunities each to conclude their evidence, however, this 02 effective opportunities each to conclude their evidence, however, this by way of a all be only subject to the deposit of a sum of Rs.8,00,000/- by way of a all be only subject to the deposit of a sum of Rs.8,00,000/ shall be only subject to the deposit of a sum of Rs.8,00,000/ demand draft in favour of the respondent. Such demand draft shall be demand draft in favour of the respondent. Such demand draft shall be demand draft in favour of the respondent. Such demand draft shall be demand draft in favour of the respondent. Such demand draft shall be submitted before the trial Court within a period of 03 weeks from today, submitted before the trial Court within a period of 03 weeks from today, submitted before the trial Court within a period of 03 weeks from today, submitted before the trial Court within a period of 03 weeks from today, dent subject to furnishing surety to which shall be handed over to the respondent subject to furnishing surety to dent subject to furnishing surety to which shall be handed over to the respon refund the said amount, in case, subsequently any adverse order is passed refund the said amount, in case, subsequently any adverse order is passed refund the said amount, in case, subsequently any adverse order is passed refund the said amount, in case, subsequently any adverse order is passed against the respondent. against the respondent. AVTAR SINGH 2026.01.19 14:22 I attest to the accuracy and integrity of this document order/judgment CR-5780-2025 5. 3 n case the aforesaid amount is not deposited It is clarified that in case the aforesaid amount is not deposited n case the aforesaid amount is not deposited It is (O&M) (O&M) by the petitioner, the present petition shall be deemed to have been by the petitioner, the present petition shall be deemed to have been by the petitioner, the present petition shall be deemed to have been by the petitioner, the present petition shall be deemed to have been without any further indulgence to be made by this Court. dismissed without any further indulgence to be made by this Court. without any further indulgence to be made by this Court.

6. Both the parties shall appear before the trial Court on Both the parties shall appear before the trial Court Both the parties shall appear before the trial Court

09.02.2026.

7. The present petition is accordingly disposed of with the The present petition is accordingly disposed of with the The present petition is accordingly disposed of with the The present petition is accordingly disposed of with the aforesaid observations. aforesaid observations.

8. of the It is made clear that there are no observations on merits of the It is made clear that there are no observations on merits It is made clear that there are no observations on merits controversy.

9. , if any, shall stand Pending miscellaneous application(s), if any, shall stand Pending miscellaneous application Pending miscellaneous application disposed of. 15th January 2026 January 2026 Avtar (HARPREET KAUR JEEWAN) (HARPREET KAUR JEEWAN) JUDGE Whether speaking/reasoned Whether speaking/reasoned Whether reportable Whether reportable : : Yes/No Yes/No AVTAR SINGH 2026.01.19 14:22 I attest to the accuracy and integrity of this document order/judgment