DELHI KANNADA EDUCATION SOCIETY AND ORS vs SHISHUPAL & ORS

Judgment text excerpt

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 10th July, 2025 + CM(M) 1055/2025 & CM APPL. 34820-34821/2025 DELHI KANNADA EDUCATION SOCIETY AND ORS .....Petitioner Through: Mr. Kanhaiya Singhal, Mr. Rahul Bhaskar and Mr. K. Gupta, Advocates. versus SHISHUPAL & ORS .....Respondent Through: Mr. Swapan Singhal, Advocate for Mr. Sameer Vashisht, Standing Counsel (Civil), GNCTD. Mr. Tarun Gulia, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The three respondents herein have filed a suit for declaration and seek setting aside the order of suspension dated 31.10.2024 passed by Delhi Kannada Education Society (defendant No.1). 2. Such suit is pending adjudication before learned Civil Judge. 3. Admittedly, defendant-Society was served with summons and consequent thereto, appeared before the learned Trial Court on 27.04.2024. 4. The Society was granted time to file written statement. 5. However, despite there being specific directions to the abovesaid effect and also extension of time granted on subsequent occasions i.e. on 02.08.2024 and 03.09.2024, the written statement was not filed. 6. Evidently, in the interregnum, as per the joint request made by the Signature Not Verified Digitally Signed CM(M) 1055/2025 1 By:SONIA THAPLIYAL Signing Date:11.07.2025 18:59:10 parties, the matter was referred for Mediation on 03.09.2024. 7. According to plaintiffs, despite the fact that settlement took place before the learned Mediator, the defendants failed to even comply with the Mediation settlement terms. 8. It was in the abovesaid backdrop that on 21.12.2024, the Court was compelled to close their right to file written statement and their defence was also struck off. 9. When an application was moved under Order VIII Rule 1 read with Sectio