SMT. NITA BHAGAT vs M/S TARINI HOSPITALITY SERVICES & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 17th January, 2026 Date of Decision: 23rd January, 2026 + CM(M) 240/2023 & CM APPL. 7125/2023 SMT. NITA BHAGAT .....Petitioner Through: Mr. Vineet Kumar, Adv. versus M/S TARINI HOSPITALITY SERVICES & ANR......Respondents Through: Mr. Abhimanyu Garg, Mrs. Preeti Makkar and Ms. Beauty Tamut, Advs. for R-2/EIL. CORAM: HON’BLE MR. JUSTICE RAJNEESH KUMAR GUPTA ORDER 1. The present petition has been filed by the Petitioner under Article 227 of the Constitution of India seeking setting aside of the order dated 05th January, 2022 (hereinafter referred to as the “Impugned Order”), passed by the learned Trial Court in CS No. 378/2019, whereby the application filed by respondent no. 2 under Order I Rule 10 of the Code of Civil Procedure, 1908 has been allowed and respondent no. 2 was deleted from the array of parties. 2. Briefly, the facts of the case are that the petitioner/plaintiff instituted a suit for recovery of a sum of Rs. 2,96,631/- along with interest against the respondents. In the plaint, the petitioner has made the averments that the petitioner is engaged in the house-keeping services industry. In April, 2017, the respondent no. 1 approached the petitioner for providing services and Signature Not Verified Signed By:VAISHALI CM(M) 240/2023 Page 1 of 5 CHAUHAN Signing Date:23.01.2026 16:35:21 supply of materials/tools to corporate and partner units, particularly to respondent no. 2. Pursuant thereto, the petitioner supplied house-keeping materials to respondent no. 2 as per its demands. The petitioner regularly raised bills and invoices to respondent no. 1, the details whereof are stated in paragraph 6 of the plaint. For the services rendered and goods supplied by the petitioner to respondent no. 2, part-payments