M/S GUPTA INTERNATIONAL & ORS vs ASHOK KUMAR SINGHAL & ANR

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 08.10.2025 Judgment pronounced on: 29.10.2025 + RFA(OS)(COMM) 15/2018 M/s GUPTA INTERNATIONAL & ORS .....Appellants Through: Mr. T.K. Ganju, Senior Advocate along with Mr. Aquib Ali, Ms. Anupriya Nigam Sharma, Ms. Amreen Khaliq, Mr. Arsh Kaul and Mr. Pranay Lakhanpal, Advocates. versus SHRI ASHOK KUMAR SINGHAL & ANR. .....Respondents Through: Mr. P.D. Gupta, Senior Advocate along with Mr. Abhishek Gupta, Advocate for R-2. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. Through the present Appeal, the Appellants (Plaintiffs before the learned Single Judge) assail the correctness of the Judgment dated 18.04.2018 [hereinafter referred to as „Impugned Judgment‟], whereby the learned Single Judge dismissed the Appellants‟/Plaintiffs‟ suit for possession, mesne profits, cancellation of documents, etc. 2. The Appellant Nos.1, 2 and 3 were Plaintiff Nos.1, 2 and 3 in the suit, whereas Respondent Nos.1 and 2 were Defendant Nos.1 and Signature Not Verified RFA(OS)(COMM) 15/2018 Page 1 of 22 Signed By:SAVITA PASRICHA Signing Date:29.10.2025 14:49:21 2. Herein, the parties shall be referred to by their status and ranking in the suit, i.e., CS(COMM) No. 1666/2016. FACTUAL MATRIX: 3. In order to comprehend the issues involved in the present case, relevant facts in brief are required to be noticed. 4. The Plaintiff Nos.2 and 3 are wife and husband, whereas Defendant Nos.1 and 2 are related to each other as brother-in-law and sister-in-law. Defendant No.1 proposed an idea to Plaintiff No.3 to carry on a business under the partnership. Since Plaintiff No. 3 was a government employee, it was decided that Plaintiff No.2 and Defendant Nos.1 and 2 w