M/S PC JAIN TEXTILE PVT LTD THROUGH ITS AUTHORISED REPRESENTATIVE vs SH. SHYAM SUNDER SURI AND ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 24thJanuary, 2025 Pronounced on: 12th March,2025 + CS(COMM) 560/2023&I.A. No. 31874/2024 M/S PC JAIN TEXTILE PVT LTD THROUGH ITS AUTHORISED REPRESENTATIVE .....Plaintiff Through: Mr. Harender Kr Sangwan & Mr. Vidit Garg, Advocates versus SH. SHYAM SUNDER SURI AND ANR .....Defendants Through: Mr. Prateek Jain and Mr. Vardaan Mishra, Advs. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J. I.A. No. 31874/2024 (under Order XXXVII R 3(5) of CPC seeking leave to defend) 1. This application has been filed under Order XXXVII Rule 3 (5) of the Civil Code of Procedure, 1908 (‘CPC’) seeking leave to defend on behalf of defendants. 2. The suit was filed under Order XXXVII of CPC by plaintiff seeking rendition of accounts with respect to contractual amounts due under lease deed dated 6th April 2016, recovery of money due and interest payable. Signature Not Verified Digitally Signed By:MANISH KUMAR I.A. No. 31874/2024 in CS(COMM) 560/2023 Page 1 of 18 Signing Date:12.03.2025 20:14:34 3. The defendants were served summons for judgment on 11th May 2024 at their residence and the present application seeking leave to defend is filed within the statutory period of 10 days. 4. Plaintiff claims to be the owner of built-up property bearing number 26/1, 26/17 and 26/18, Najafgarh Road, Shivaji Marg, Moti Nagar, New Delhi-110015 (‘suit property’), consisting of basement with total carpet area of 2,500 square feet approximately, ground floor and first floor with total carpet area of 15,000 square feet; and second floor. 5. In February 2016, defendant Nos.1 & 2 approached plaintiff for taking the basement, ground floor and first floor on rent for commercial purposes of running a banquet hall or restaurant. Defendants were eng