M/S CHAMBAL FERTILISERS AND CHEMICALS LIMITED vs ARUN TIWARI PROPRIETOR OF M/S TIWARI TRADERS CO.

Judgment text excerpt

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 07th May, 2025 + CM(M) 860/2025 M/S CHAMBAL FERTILISERS AND CHEMICALS LIMITED .....Petitioner Through: Mr. Ankit A. Shah and Mr. Tarun Arora, Advocates. versus ARUN TIWARI PROPRIETOR OF M/S TIWARI TRADERS CO. .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) CM APPL. 27671/2025 & CM APPL. 27672/2025 & CM APPL. 27673/2025 (Exemption) Exemption allowed, subject to all just exceptions. CM(M) 860/2025 1. The point involved in the present petition is very short and precise. 2. The petitioner herein filed a suit seeking recovery of Rs.89 lacs. Though, the suit was filed under Order XXXVII CPC but it was converted into a Regular suit. 3. The petitioner is aggrieved by the fact that his application seeking restoration of the suit has been dismissed, without appropriately appreciating the reasons. 4. This Court has gone through the impugned order and, undoubtedly, the learned Trial Court was pained to see that on one earlier occasion also i.e. Signature Not Verified Digitally Signed CM(M) 860/2025 1 By:SONIA THAPLIYAL Signing Date:08.05.2025 15:17:23 16.02.2023, suit was dismissed in default and was, eventually, directed to be restored, subject to cost. 5. Thereafter, the plaintiff moved an application seeking permission to effect substituted service and, though, such request was allowed by the Court and defendant was directed to take steps to effect publication but no such steps were taken and, therefore, the suit was again dismissed in default on 22.07.2024. 6. The application seeking restoration is in context of the abovesaid order dated 22.07.2024. 7. On that day, there was no appearance from the side of petitioner and the defendant was also unserved till then. Taking