RAJESH KUMAR vs AJAY KUMAR @ AJAY SINGH

Judgment text excerpt

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 08th July, 2025 + CM(M) 316/2023 RAJESH KUMAR .....Petitioner Through: Mr. C.M. Grover, Mr. Kashish Dhawan and Ms. Payal Budhiraja, Advocates. versus AJAY KUMAR @ AJAY SINGH .....Respondent Through: Mr. Manish Sindwani, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner herein is plaintiff before the learned Trial Court and has filed a commercial suit which seeks recovery of Rs.5,42,449.35/-. 2. The suit is directed against his estranged son-in-law who, has, already, filed a suit against petitioner herein, seeking recovery of Rs.8 lacs. Such other suit is also pending adjudication. 3. Coming back to the suit filed by petitioner herein, admittedly, the defendant in the abovesaid commercial suit appeared before the learned Trial Court on 28.05.2022. 4. It is, however, pertinent to mention that the Service Report was not clearly indicative of due service upon him and on the basis of the request made by the plaintiff himself, the process was directed to be issued again, through ordinary mode as well as electronic mode. Signature Not Verified Digitally Signed CM(M) 316/2023 1 By:SONIA THAPLIYAL Signing Date:11.07.2025 11:10:58 5. Fact, however, remains that on the same date itself i.e. 28.05.2022, the defendant himself appeared in person before the learned Trial Court at 11:30 A.M. and, therefore, the learned Trial Court took up the matter again and copy of the plaint and necessary documents were also supplied to defendant. Importantly, learned counsel for the plaintiff and defendant also apprised the learned Trial Court that they were interested in amicable settlement of the matter. 6. Apparently, there is delay of 4 days in filing written statement and according to defendan