Delhi High Court
Lalit Dharamchand Kapur vs Suresh Kumar & Anr on 17 January, 2023
Neutral Citation Number 2023/DHC/000442
$~64
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 17.01.2023
+ CM(M) 1497/2019 & CM APPL. 45651/2019
LALIT DHARAMCHAND KAPUR ..... Petitioner
versus
SURESH KUMAR & ANR ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Rishabh Tripathi and Mr. A. K. Khanna
and Ms. Anu R. Khanna, Advs.
For the Respondents : Respondent No.1 in person.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
TUSHAR RAO GEDELA, J. (ORAL)
[ The proceeding has been conducted through Hybrid mode ]
1. The petitioner challenges order dated 08.08.2019 passed by the
learned Trial Court whereby the application of the petitioner under
Order IX Rule 7 Code of Civil Procedure, 1908 seeking setting aside the
exparte proceedings vide order dated 12.02.2018 and the request for
taking the written statement on record was dismissed. By virtue of the
impugned order, the application of the respondent under Order VIII
Rule 1 Code of Civil Procedure, 1908 striking off the defence of the
petitioner also was allowed.
2. Learned counsel for the petitioner submits that the parties are
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
14:01:07
Neutral Citation Number 2023/DHC/000442
related to each other being maternal cousins, and the respondent was
aware that the petitioner was residing in the United Kingdom for the last
45 to 50 years and therefore providing the address of Gurgaon and
Amritsar for purpose of the service of the petitioner was only to mislead
the Court and depriving him from defending the present suit.
3. Respondent No.1 in person Mr. Suresh Kumar Malhotra submits
that the Trial Court has proceeded in accordance with law and despite
being served and appearing through counsel Mr. Jayant Malik and
seeking time to file the written statement, no such written statement was
ever filed thereafter. The Trial Court has correctly examined the facts as
obtained in the present case and therefore, this Court ought not to
interfere in the impugned order.
4. After some arguments, the matter stood over yesterday and has
been posted for today in view of the fact that the parties agreed to a
consent order.
5. With the consent of the parties, the following directions are
passed.
(i) The impugned order is modified to the extent that the
petitioner is permitted to appear before the Court and
written statement that has been filed before it is
directed to be taken on record. Subject to payment of
cost of Rs.75,000/- by the petitioner to Mr. Suresh
Kumar Malhotra, the order of proceeding ex parte is
set aside and the written statement is directed to be
taken on record. The said amount be remitted to Mr.
Suresh Kumar Malhotra, respondent No.1 by demand
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
14:01:07
Neutral Citation Number 2023/DHC/000442
draft on or before 20.02.2023, the date before the
learned Trial Court.
(ii) Mr. Suresh Kumar Malhotra, respondent herein is
permitted to file replication to the same in the time as
allowed by the learned Trial Court.
(iii) Learned counsel for the petitioner submits that an
amount of Rs.5 Lacs was deposited before this Court
in pursuance of the order dated 22.10.2019 and the
said amount has been kept in the form of FDR. With
consent, the said amount is directed to be remitted to
the learned Trial Court in seisin of the suit bearing
No. CS No. 1215/2017 pending before the learned
Additional District Judge-01, South East, Saket
Courts, New Delhi.
(iv) Upon receiving the said amount from this Court, the
learned Trial Court is directed to invest the same in
an FDR with an auto renewal clause to be released
and disbursed to the party which is ultimately held to
be entitled by it.
(v) Parties are directed to appear before the learned Trial
Court on 20.02.2023, the date already fixed before it.
6. In view of above nothing further survives for adjudication, the
petition is disposed of.
TUSHAR RAO GEDELA, J .
JANUARY 17, 2023/ms
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
14:01:07
