ODEON BUILDERS PVT LTD vs SASUMOROV ENTERPRISES PVT LTD

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 18.02.2026 Judgment pronounced on: 27.02.2026 Judgment uploaded on: 27.02.2026 + RFA(OS)(COMM) 30/2019 ODEAN BUILDERS PVT. LTD. .....Appellant Through: Mr. Karunesh Tandon, Mr. Sarthak Mittal & Mr Prabin Mohan, Advs versus SASUMOROV ENTERPRISES PVT. LTD. .....Respondent Through: Mr. Tanmay Mehta, Mr. Mukul Lather, Mr. Devesh Kumar Chauvia, Mr. Ashish Kumar Singh, Mr. Kartik Gupta & Mr. Gitesh Sinha, Advs CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN JUDGMENT ANIL KSHETARPAL, J. 1. The present Appeal, filed by the Appellant [Defendant before the learned Single Judge], is directed against the judgment and decree dated 16.11.2018 [hereinafter referred to as „Impugned Judgment‟] passed by learned Single Judge in CS(COMM) No. 927/2016, whereby the learned Single Judge decreed the summary suit instituted by the Respondent [Plaintiff before the learned Single Judge] for recovery of Rs. 2,33,46,254/-, together with pre-suit interest @ 15% per annum calculated after expiry of 60 days from the date of each Signature Not Verified Signed By:JAI NARAYAN Signing Date:27.02.2026 RFA(OS)(COMM)30/2019 Page 1 of 11 10:59:32 invoice till institution of the suit, and pendente lite as well as future interest @ 9% per annum while declining leave to defend the suit. 2. The issue which arises for consideration in the present Appeal is whether the learned Single Judge was justified in refusing leave to defend and consequently decreeing the summary suit, on the premise that the defence raised by the Appellant did not disclose any bona fide or triable issue warranting trial. FACTUAL MATRIX 3. In order to appreciate the controversy involved in the present Appeal, it would be apposite to briefly notic