GARUDA CONSTRUCTION AND ENGINEERS PVT. LTD. vs DINESH KHANNA

Judgment text excerpt

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 08th May, 2026 + CM(M) 1063/2026, CM APPL. 30893/2026, CM APPL. 30894/2026 & CM APPL. 30895/2026 GARUDA CONSTRUCTION AND ENGINEERS PVT. LTD. .....Petitioner Through: Mr. Sandeep Bajaj, Mr. Soayib Qureshi, Mr. Aman Q. Wani and Mr. Mayank B., Advs. versus DINESH KHANNA .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA ORDER (Oral) Rajneesh Kumar Gupta, J. 1. This hearing has been conducted through hybrid mode. 2. The present petition has been filed on behalf of the petitioner under Article 227 of the Constitution of India, 1950 read with Section 151 of Code of Civil Procedure, 1908, assailing the orders dated 18th April, 2026 and 28th April, 2026 passed by the learned District Judge (Commercial Court), Tis Hazari Courts, Delhi in CS (COMM) No. 531/2023. 3. Heard. Record perused. 4. Learned Counsel for the petitioner has argued that final arguments could not be advanced on behalf of the petitioner before the learned Trial Court as the main Counsel was travelling to Kolkata and an application was also filed seeking postponement of hearing in the trial court. It is further Signature Not Verified Signed By:VAISHALI CM(M) 1063/2026 Page 1 of 4 CHAUHAN Signing Date:08.05.2026 17:03:31 argued that advancement of oral arguments is material for the proper disposal of the matter. 5. The order dated 18th April, 2026 reads as under: “An application u/s 151 CPC has been filed on behalf of the Defendant through Ld. Proxy Counsel namely, Sh. Aman Qayoom Wani seeking adjournment. Matter is at the stage of final arguments. The date had been given; rather the dates for the substantive purposes i.e. for leading evidence, for miscellaneous/final arguments, are given in consultation of the Counsels o