DEVENDER KUMAR vs M/S NEXUS LIFE SCIENCE INDIA PVT LTD

Judgment text excerpt

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 8th April, 2025 + CM(M) 2462/2024 & CM APPL. 25353/2024 & CM APPL. 5952/2025 DEVENDER KUMAR .....Petitioner Through: Mr. Rajinder Singh with Mr. Arun Sharma, Advocates. (through V.C.) versus M/S NEXUS LIFE SCIENCE INDIA PVT LTD .....Respondent Through: Mr. Sanjay Kumar Mishra, Advocate. (through V.C.) CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is defending a suit seeking recovery of possession, arrears of rent, damages, etc. 2. The suit was filed against Mr. Devender Kumar Mishra, who was proceeded against ex-parte on 06.09.2022. 3. When an application was moved seeking to set aside the abovesaid order and to permit him to participate in the proceedings, such application also did not find favour and was dismissed by learned Trial Court on 08.01.2024. 4. Such orders are under challenge. 5. Mr. Rajinder Singh, learned counsel for the defendant (petitioner herein) admits that the defendant was served with the summons on 06.03.2020 and pursuant to the instructions given by the defendant, his Signature Not Verified Digitally Signed CM(M) 2462/2024 1 By:SONIA THAPLIYAL Signing Date:09.04.2025 18:19:00 counsel Mr. Sameer Hashmi appeared before the learned Trial Court on 17.05.2022. 6. Though, the Vakalatnama was filed by learned counsel for the defendant but the matter was not pursued with the right earnest and since nobody appeared before the Court on 06.09.2022 from his side, noticing that no written statement had been filed, the right to file written statement was closed and the defendant was proceeded against ex-parte. 7. As noticed already, the application seeking recall of the abovesaid order has also been disallowed by learned Trial Court vide order dated 08.01.2024. 8. Th