K.A. THOMAS AND ANR vs LIC HOUSING FINANCE LTD

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 23.09.2025 Judgment pronounced on: 25.09.2025 + CM(M) 289/2025, CM APPL. 8328/2025, CM APPL. 8329/2025 & CM APPL. 8327/2025 K.A. THOMAS AND ANR .....Petitioners Through: Mr. Firoze Ahmad, Advocate versus LIC HOUSING FINANCE LTD .....Respondent Through: Mr. Mani Kaul, Advocate. CORAM: HON'BLE MR. JUSTICE GIRISH KATHPALIA JUDGMENT 1. Petitioners defending themselves as defendants no.2 & 3 in a commercial suit for recovery of money have filed this petition under Article 227 of the Constitution of India to assail orders dated 14.09.2023 and 07.03.2024 passed by the learned trial court. By way of order dated 14.09.2023, application of the petitioners for condonation delay in filing the Written Statement was dismissed and by way of order dated 07.03.2024, application under Order I Rule 10 CPC filed by the present respondent was allowed, thereby dropping the defendant no.1 of the suit from array of parties. I heard learned counsel for both sides. 2. Broadly speaking, circumstances relevant for present purposes are as CM(M) 289/2025 Page 1 of 6 pages GIRISH Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb 4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - Signature Not Verified KATHPALIA 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d15570996b40f80cb d2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2025.09.25 10:36:11 -07'00' Digitally Signed By:NEETU N NAIR Signing Date:25.09.2025 16:40:34 follows. 2.1 The present respondent filed a commercial suit for recovery of Rs.15,15,670/- against three defendants, out of whom defendant no.1 is a company while defendants no.2 & 3 are the present petitioners. Summons