DIN DAYAL AGRAWAL HUF vs CAPRISO FINANCE LTD

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 19th February, 2025. Pronounced on: 25th June, 2025 CM(M) 2008/2024 & CM APPL. 12962/2024 DIN DAYAL AGRAWAL HUF .....Petitioner Through: Ms. Manpreet Kaur and Ms. Jaya Goyal, Advocates. versus CAPRISO FINANCE LTD .....Respondent Through: Mr. Gaurav Pachauri, Adv. CORAM:- HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT RAVINDER DUDEJA, J. 1. This is a petition under Article 227 of the Constitution of India read with Section 151 Code of Civil Procedure, 1908 [“CPC”], seeking to set aside the order dated 19.01.2024 passed by the learned District Judge, Commercial Courts-01, Tis Hazari Courts in CS (Comm) No. 2242/2022, whereby the petitioner’s application under Order VII Rule 11 CPC was dismissed and right to file the written statement was closed. 2. The petitioner availed a loan of Rs. 35,00,000/- from the respondent and entered into a Loan Agreement dated 18.03.2019, pledging 13,113 fully paid-up equity shares of M/s Trishul Dream Homes Ltd. Subsequently, the respondent filed a recovery suit bearing CM(M) 2008/2024 3. During pendency of the suit before the trial Court, respondent had realised that board resolution filed along