7 WONDERS INERNATIONAL vs THE TRAVEL PROFESSIONALS

Judgment text excerpt

$~94 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 25th July, 2025 + CM(M) 1360/2025 & CM APPL. 44671/2025 & CM APPL. 44672/2025 7 WONDERS INERNATIONAL .....Petitioner Through: Mr. Asim Naeem, Advocate. versus THE TRAVEL PROFESSIONALS .....Respondent Through: Mr. Pranav Gadi, Mr. Krishna Gaur, Ms. Pavi Maheshwari and Ms. Jaspreet Kaur Bedi, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is defending a recovery suit and is aggrieved by order dated 31.05.2025 whereby his application moved under Order XVIII Rule 17 CPC has been dismissed. 2. The need for filing the abovesaid application arose, on account of one previous order dated 29.02.2024. On that day, there was no appearance from the side of the defendant and the plaintiff entered into witness box and after recording his evidence, since the plaintiff did not wish to examine any other witness, the case was fixed for ex-parte arguments. 3. The application moved by the defendant (petitioner herein) is also annexed with the present petition which, merely, prays for recalling of PW-1-Mr. Harpreet Singh for his cross-examination. Though, the defendant prayed for passing any further order as the learned Trial Court may deem fit Signature Not Verified Digitally Signed CM(M) 1360/2025 1 By:DINESH CHANDRA Signing Date:26.07.2025 17:23:49 but somehow there is no specific prayer that the ex-parte order be also set aside, which ought to have been made by the defendant. 4. Learned counsel for respondent/plaintiff appears on advance notice and submits that the abovesaid suit is pending since 2016 and on various previous occasions, there was no requisite assistance coming from the side of the defendant and, therefore, the petitioner is not entitled to any indulgence. 5. During co