M/S SKYTECH CONSTRUCTION LTD vs ASHOK KUMAR SHARMA

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % 22nd January, 2025 + CM(M) 3995/2024 & CM APPL. 71459/2024 M/S SKYTECH CONSTRUCTION LTD ......Petitioner Through: Mr. Jatin Sapra, Adv. versus ASHOK KUMAR SHARMA .....Respondent Through: Mr. Yashvir Kumar and Mr. M.R. Singh, Advs. CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA J U D G M E N T (ORAL) RAVINDER DUDEJA, J. 1. This is a petition under Article 227 of the Constitution of India, impugning the order dated 03.09.2024, passed by the learned District Judge in Civil Suit No. 349/2020, titled “Ashok Kumar Sharma Vs. M/s. Skytech Construction Pvt. Ltd. 2. Petitioner is the defendant in the suit for recovery filed by the respondent. 3. On 18.08.2023 while the case was fixed for plaintiff’s evidence, no one appeared for the petitioner. The trial court passed the following order:- Signature Not Verified Digitally Signed CM(M) 3995/2024 Page 1 of 5 By:SUNITA KUMARI Signing Date:23.01.2025 17:33:49 “18.08.2023 Present: Mr. Yashvir Kumar and Mr. M. R. Singh, Ld. Counsels for plaintiff with plaintiff in person. None for defendant. Affidavit of plaintiff for his evidence is filed. It is stated by Ld. Counsel for plaintiff that advance copy of affidavit has already been supplied to opposite counsel through speed post. Plaintiff is examined as PW-1. No one is appearing on behalf of defendant despite calls. It is 11:40 am. In the facts, by proceeding under Order 17 CPC; PW-1 is discharged. Vide statement of plaintiff, PE is closed. Put up on 04.11.2023 for final arguments.” 4. On 22.04.2024, petitioner filed an application under Order 9 Rule 13 CPC for recall of order dated 18.08.2023. The application was considered as one filed under Order 9 Rule 7 CPC and was dismissed vide order dated 03.09.2024. 5. Learned counsel for the petitioner