RAJENDRA SACHDEVA vs M/S A.C. ENGINEERING PRIVATE LIMITED AND ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 19.02.2025 Judgment pronounced on: 25.02.2025 + RFA 633/2023 RAJENDRA SACHDEVA .....Appellant Through: Mr. Nishant Nain and Mr. Vishal Kumar, Advocates versus M/S A.C. ENGINEERING PRIVATE LIMITED AND ORS. .....Respondents Through: Mr. H. K. Shekhar, Advocate for R2-4 CORAM: JUSTICE GIRISH KATHPALIA JUDGMENT GIRISH KATHPALIA, J.: 1. By way of this appeal brought under Section 96 of the Civil Procedure Code, the appellant assails judgment and decree dated 22.05.2023, whereby the money recovery suit filed by the appellant was partly decreed for the suit amount against only the present respondent no. 1 company and was dismissed against the remaining respondents, who are Directors of respondent no.1. Notice sent to respondent no.1 company returned unserved for want of correct address but appellant opted not to try further, because against respondent no.1 company, the suit already stood decreed and the present appeal is only against the remaining respondents. On service of RFA 633/2023 Page 1 of 7 pages GIRISH Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, ou=DELHI HIGH COURT, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb4835d 435f97626cacca, postalCode=110003, st=DELHI, KATHPALIA serialNumber=D3E86796451EC45C07B5D15570996B40F80CBD2E EE60402C487965FF801E26FA, cn=GIRISH KATHPALIA Date: 2025.02.25 14:24:23 -08'00' Signature Not Verified Digitally Signed By:NEETU N NAIR Signing Date:25.02.2025 16:18:24 notice, respondents no. 2-4 entered appearance through counsel. At their request, I heard final arguments advanced by learned counsel for both sides and also examined the trial court record filed with the appeal. 2. Briefly stated, relevant circumstances leading to the present appe