M/S ADIGEAR INTERNATIONAL & ORS. vs M/S ANJ ENTERPRISES

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 15.09.2025 C.R.P. 261/2025 & CM APPL. 58326-58327/2025 M/S ADIGEAR INTERNATIONAL & ORS. .....Petitioners Through: Mr. Hrishikesh Baruah & Mr. Shubham Aggrawal, Advs. versus M/S ANJ ENTERPRISES .....Respondent Through: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) CM APPL. 58327/2025 [Exemption] 1. Allowed, subject to just exceptions. 2. The Application stands disposed of. C.R.P. 261/2025 & CM APPL. 58326/2025 [Stay] 3. The present Petition has been filed on behalf of the Petitioner under Section 115 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”] against the order dated 03.06.2025 passed by learned District Judge, West District, Tis Hazari Courts, Delhi [hereinafter referred to as “Impugned Order”]. By the Impugned Order, the Application under Order VIII Rule 9 of the CPC filed by the Petitioner has been dismissed by the learned Trial Court. 4. The maintainability of this Petition is a subject matter of challenge. It 4.1 The Supreme Court in Shiv Shakti Coop. Housing Society, Nagpur v. Swaraj Developers & Ors.1 has held that unless the order if given in favour of the par