GUPTA INFOTECH & ANR. vs OM LOGISTICS LTD.

Judgment text excerpt

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 18.11.2025 + CM(M) 346/2023 & CM APPL. 10493/2023 GUPTA INFOTECH & ANR. .....Petitioners Through: Ms. Sushila Narang, Advocate. versus OM LOGISTICS LTD. .....Respondent Through: Mr. Arun Aggarwal (through videoconferencing) and Mr. Satyam Kumar, Advocates. CORAM: JUSTICE GIRISH KATHPALIA O R D E R (ORAL) 1. Petitioners/defendants have assailed orders dated 17.11.2022 and 04.01.2023 passed by the learned commercial court. By way of order dated 17.11.2022, application of the petitioners/defendants under Order XI Rule 1(10) CPC was dismissed mainly on the basis of order dated 29.01.2020 of the learned trial court. By way of order dated 04.01.2023, the defence was struck off because affidavit of admission/denial was not filed by the petitioners/defendants. 2. The order dated 29.01.2020 appears to have been wrongly quoted in CM(M) 346/2023 Page 1 of 2 pages Signature Not Verified Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4afe c45569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, Digitally Signed KATHPALIA postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d1 By:NEETU N NAIR 5570996b40f80cbd2eee60402c487965ff8 01e26fa, cn=GIRISH KATHPALIA Signing Date:18.11.2025 Date: 2025.11.18 17:03:14 -08'00' 17:14:46 the impugned order dated 17.11.2022 because by way of order dated 29.01.2020, it is the respondent/plaintiff who was directed to remove certain defects prior to issuance of summons of the suit. 3. At the outset, learned counsel for respondent/plaintiff submits that on account of ambiguity in the impugned order that inadvertently crept in, his suit is standstill, so the present petition may be allowed directing