LATE J.P. GUPTA (THROUGH HIS LR. ) SUNIL GUPTA vs BOSCH LIMITED & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 13.05.2025 Pronounced on: 28.07.2025 + FAO(OS) 58/2025 & CM APPLs. 28909-11/2025 LATE J.P. GUPTA (THROUGH HIS LR.) SUNIL GUPTA ....Appellant Through: Mr. Shikhar Mittal & Mr. Jatin Kapur, Advs. versus BOSCH LIMITED & ORS. .....Respondents Through: Nemo. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE RENU BHATNAGAR JUDGMENT RENU BHATNAGAR, J. 1. This appeal has been filed by the appellant, challenging the Order dated 08.05.2024 passed by the learned Single Judge of this Court in I.A. 10423/2023 in CS(OS) 135/2006, titled ‘Bosch limited v. M/S Guptajee Engineers & Ors.’ (hereinafter referred to as the ‘Impugned Order’), whereby the learned Single Judge has been pleased to set aside the abatement of Suit qua the appellant herein in terms of Order XXII Rule 9 (2) of the Code of Civil Procedure, 1908 (hereinafter referred to as, ‘CPC’). Signature Not Verified Signed FAO(OS) 58/2025 Page 1 of 16 By:PRIYADARSHANI JAIN Signing Date:29.07.2025 16:53:42 Brief Facts 2. The respondent company had filed the abovesaid Suit for recovery against the Late Shri J.P. Gupta/defendant no. 2 as a proprietor of M/s Guptajee Engineers (defendant no. 1), praying for the following reliefs: “(a) Pass a decree in favour of the Plaintiff Company and against the Defendants for a sum of Rs. 1,03,78,709.76 (Rupees One Crore Three Lacs Seventy Eight Thousand Seven Hundred and Nine and Paise Seventy Six Only) along with interest @ 19% from, December 1, 2005, till realisation; (b) Award costs of the present suit to the Plaintiff Company.” 3. In the plaint, the respondent no. 1- company has asserted that it is engaged in the business of manufacturing, marketing and sale of spark plugs, fuel injection equipment and other auto parts/ access