SH JAIPAL SHARMA TRUST & ORS. vs SRM EDUCAITONAL AND FINANCIAL CONSULTANT PVT LTD

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 2nd December 2024 Pronounced on: 17th February 2025 + CM(M) 3951/2024 & CM APPL. 70109/2024 & CM APPL. 70110/2024 SH JAIPAL SHARMA TRUST & ORS. .....Petitioners Through: Mr Karunesh Tandon, Mr Abhishek Singh and Mr Rahul Chauhan, Advs. versus SRM EDUCAITONAL AND FINANCIAL CONSULTANT PVT LTD .....Respondent Through: Mr Anil K. Mishra, Mr Nakul Grover and Mr Satyam Shivaach, Advs. CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT RAVINDER DUDEJA, J. 1. This petition under Article 227 of the Constitution of India has been filed by the petitioners, seeking to set aside the impugned orders dated 07.11.2024 and 14.11.2024 passed by the learned District Judge in Suit bearing No. CSDJ 1332/2018, titled “M/s. SRM Educational and Financial Consultant Pvt. Ltd. Vs. Jaipal Singh Sharma Trust”. Petitioners has raised concerns regarding procedural irregularities and substantive legal errors in the Trial Court’s findings. Signature Not Verified Digitally Signed CM(M) 3951/2024 Page 1 of 11 By:SUNITA KUMARI Signing Date:19.02.2025 13:54:02 FACTUAL BACKGROUND 2. Respondent filed a Suit for Recovery against the petitioners. Originally, it was filed as an ordinary Civil Recovery Suit. Upon an application filed by the respondent, the suit was transferred to the Commercial Court, considering it as a commercial dispute. 3. Both parties were directed to file affidavits of admission/denial of documents under Order XI Rule 4 CPC. 4. The Trial Court noted that the affidavits of admission/denial of both the parties were not as per the provisions of the Commercial Courts Act, 2015 and therefore they were directed to file fresh affidavits within three weeks. On the next date i.e., 07.11.2024, counsel for the petitioners did not appear be