PANDIT D K PARSAI & ANR. vs DR. SATISH CHANDAR AGARWAL & ORS.

Judgment text excerpt

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision : 7th April, 2026 + CM(M) 738/2026 PANDIT D K PARSAI & ANR. .....Petitioners Through: Mr. Manu Nayar, Mr. Vaibhav Kush, Ms. Rudrakshi Gautam, Ms. Meenakshi Bhatia and Ms. Harshita Pal, Advocates. versus DR. SATISH CHANDAR AGARWAL & ORS. .....Respondents Through: Mr. Manas Raghuvanshi, Advocate for R-9. CORAM: HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA ORDER (Oral) Rajneesh Kumar Gupta, J. 1. This hearing has been conducted through hybrid mode. CM APPL. 22273/2026 (for exemption) 2. Allowed, subject to all just exceptions. Application is disposed of. CM(M) 738/2026 3. During the course of arguments, learned counsel for the petitioners submits that the petitioners are pressing only Prayer (iv) of the petition, which reads as follows: “iv. In the alternative and without prejudice to the above prayers, this Hon'ble Court may be pleased to modify the order dated 23.02.2026 in Misc DJ 1334 of 2025 by directing the Application to proceed against the Defendants who have already appeared or have been duly served in Misc DJ 1334 of 2025 without requiring fresh/repetitive service upon parties who have been proceeded Signature Not Verified Signed By:NAMITA CM(M) 738/2026 Page 1 of 2 DHYANI Signing Date:08.04.2026 11:28:32 ex-parte in CS (Comm) 639 of 2019.” 4. A perusal of the impugned order dated 23rd February, 2026 shows that no such prayer has been made by the petitioner/ applicant/ plaintiff before the learned Trial Court, seeking exemption from fresh service for the application under Order IX Rule 9 of the Code of Civil Procedure, 1908, upon respondents who are ex-parte. 5. Learned counsel for the petitioner seeks liberty to move an appropriate application before the learned Trial Court seeking the aforesaid relief.