M/S ACCE GLOBAL SOFTWARE PVT LTD vs M/S AVANT CAREER PVT LTD

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 22.07.2025 Judgment delivered on: 04.08.2025 + CM(M) 2874/2024 & CM APPL. 37888/2024& CM APPL. 61525/2024 M/S ACCE GLOBAL SOFTWARE PVT LTD .....Petitioner VERSUS M/S AVANT CAREER PVT LTD .....Respondent Memo of Appearance For the Petitioner: Mr. Abinash Kumar Mishra, Mr. Gaurav Kumar Pandey, Mr. Amaresh Singh, Mr. Brijesh Singh and Ms. Savita Tehlan Advocates For the Respondents: Mr. Saurabh Dev Karan Singh, Advocate CORAM: HON'BLE MR. JUSTICE MANOJ JAIN JUDGMENT MANOJ JAIN, J 1. Petitioner is defending a commercial suit. 2. Challenge in the present petition is to the order dated 01.04.2024 whereby the learned Trial Court has passed a summary judgment under Order XIII-A CPC and has directed the defendant (petitioner herein) to deposit an amount of Rs. 19.50 lacs in the Court in the form of a Fixed Deposit Receipt (FDR). 3. The question posed, herein, is pure legal in nature. 4. According to defendant, since the suit was „originally filed’ under summary procedure, there was legal embargo in seeking any judgment under Order XIII-A CPC. CM(M) 2874/2024 1 Signature Not Verified Digitally Signed By:SONIA THAPLIYAL Signing Date:04.08.2025 19:03:49 5. Before coming to the aforesaid legal proposition, it will be appropriate to narrate background facts, albeit, in very brief. 6. Plaintiff has sought recovery of Rs. 53,77,197/- from the defendant for the services rendered by the plaintiff under one agreement dated 01.08.2020 executed between the parties. In terms of such agreement, plaintiff made payment with respect to the salary of workmen deployed at the defendant‟s organization. Since after such disbursal, plaintiff was entitled to reimbursement from the defendant and since such demand was not cleared by the de