M/S AEROCOMFORT ANUSHKA JV vs M/S KRYPTON HEIGHT BUILDERS & INFRASTRUCTURE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 23rd JANUARY, 2026 IN THE MATTER OF: + I.A. 3812/2025 IN CS(COMM) 1200/2016 M/S AEROCOMFORT ANUSHKA JV .....Plaintiff Through: Mr. Pawanjit Singh Bindra, Sr. Adv. Ms. Madhu Sudan, Mr. Vikhyat Oberoi, Mr. Ankit Kakkar, Ms. Vedantika Shreya Mehra, Mr. Ravi Sharma and Mr. Fazal Haroon, Advs. versus M/S KRYPTON HEIGHT BUILDERS & INFRASTRUCTURE .....Defendant Through: Mr. Ankur Mahindro, Mr. Alok Tripathi, Mr. Mohit Dagar, Mr. Amitosh and Ms. Creesha Shastri, Advs. for D-1 and 2 CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT I.A. 3812/2025 1. This is an application on behalf of Defendants No.1 and 2 under Order VI Rule 17 of the CPC seeking amendment of written statement. 2. The instant suit is one for recovery of a sum of Rs.2,08,74,475/- along with pendente lite and future interest. 3. Pleadings are complete. The material on record indicates that the Defendant has filed a cross-suit being CS(COMM) 97/2017 before this Signature Not Verified Signed By:HARIOM CS(COMM) 1200/2016 etc. Page 1 of 19 SINGH KIRMOLIYA Signing Date:24.01.2026 20:31:27 Court against the Plaintiff for recovery of Rs.3,17,10,185/- along with interest. The said suit of the Defendant is premised on the dishounoured cheques for the sum of Rs. 3,17,10,185/-. In the said suit, it is the case of the Defendant that it is the Plaintiff who owes money to the Defendant and that the Defendant does not owe any amount to the Plaintiff. 4. To establish facts, the Defendant had filed a Memorandum of Understanding dated 24.02.2012 entered into by the parties. The Defendant also places reliance on the Letters dated 13.04.2023, 23.12.2023 and 05.02.2014 issued by the Plaintiff to the Defendant. 5. Realising his mistake that the said facts do not form a p