SANJEEV YADAV vs SEEMA

Judgment text excerpt

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 24.03.2025 + C.R.P. 78/2024 SANJEEV YADAV .....Petitioner Through: Mr. Anshul Mittal, Mr. Sameer Dawar, Mr. Sarthak Tagra and Ms. Khushi Aggarwal, Advocates. versus SEEMA .....Respondent Through: None. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) 1. The present Petition has been filed under Section 115 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”] seeking to challenge an order 13.09.2023 passed by the learned ADJ-03, Rohini Courts, North District, Delhi by which the Application under Order VII Rule 11(d) of the CPC filed by Petitioner was dismissed by the learned Trial Court. 2. None has appeared on behalf of the Respondent despite service. 3. A Coordinate Bench of this Court had by an order dated 11.03.2024 stayed the proceedings before the learned Trial Court. 4. In view of the above, this Court deems it apposite to take up this matter for hearing and final disposal today. Signature Not Verified Digitally Signed C.R.P. 78/2024 Page 1 of 4 By:GEETA JOSHI Signing Date:29.03.2025 16:17:14 5. Learned Counsel for the Petitioner submits that as per the Plaint, the cause of action to file the present case arose on 06.02.2013 when the Petitioner received a sum of Rs.45 lacs from the Respondent. It is further stated in the Plaint that the cause of action further arose on various dates when the Respondent/Plaintiff requested the Petitioner/Defendant to return the loan amount, however, the said amount was not returned. 5.1 It is stated in the Plaint that the cause of action further arose when the legal Notice got served on the Petitioner. 6. Learned Counsel for the Petitioner also takes the attention of the Court through the documents filed along with the