ATMA RAM BUILDERS PVT LTD vs EMBASSY RESTAURANT & ANR

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 09.12.2025 Judgment pronounced on: 23.12.2025 Judgment uploaded on: 23.12.2025 RFA(OS) 53/2012 ATMA RAM BUILDERS PVT LTD .....Appellant Through: Mr Ramesh Singh, Senior Advocate with Mr. Amit Sethi, Advocate. versus EMBASSY RESTAURANT & ANR .....Respondents Through: Mr. Sonal Anand, Mr. Aayush Sai & Ms. Surbhi Singh, Advocates for R-1. Mr. T. P. Singh, Senior Central Govt. Counsel for R-2/UOI. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J 1. The Appellant/Plaintiff assails the correctness of the judgment dated 16.03.2012 passed in I.A. No.7775/2008 in CS(OS) No.1971/2006 [hereinafter referred to as ‘Impugned Judgment], whereby his plaint has been rejected by the learned Single Judge, while exercising the enabling power under Order VII Rule 11 of the Code of Civil Procedure, 1908 [hereinafter referred to as ‘CPC’]. 2. For the sake of convenience, the parties shall be referred to by their status and rank in the suits, i.e., CS(OS) No.1422/2006 and 1971/2006. 3. In order to comprehend the issues involved in the present case, relevant facts, in b