MANOGYA AGARWAL vs M/S ANEJA REALTY PVT LTD

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 25.03.2026 Date of decision: 07.05.2026 + FAO (COMM) 28/2026 & CM APPL. 6357/2026 MANOGYA AGARWAL .....Appellant Through: Mr. Devanshu Khandelwal, Adv. versus M/S ANEJA REALTY PVT. LTD. .....Respondent Through: Mr. Arun Kumar, Adv. CORAM: HON’BLE MR. JUSTICE VIVEK CHAUDHARY HON’BLE MS. JUSTICE RENU BHATNAGAR JUDGMENT 1. The present appeal under Order XLIII(d) of the Civil Procedure Code, 1908 („CPC‟) read with Section 13(1A) of the Commercial Courts Act, 2015, assails the Order dated 18.11.2025, passed by the learned Trial Court, whereby the application of the Appellant under Order IX Rule 13 of the CPC was dismissed. 2. Briefly stated, the dispute inter se the parties arose out of alleged dealing pertaining to an arrangement of hotel/property on lease, pursuant to which the Respondent instituted Civil Suit (Comm.) No. 3873/2024. Vide order dated 28.11.2024, summons were directed to be issued to the Appellant. The case of the Respondent is that service was effected through registered post and placed a tracking report thereof on the record. On 17.01.2025, the learned Trial Court Signature Not Verified Signed By:PRATIBHA KUMARI FAO (COMM) 28/2026 Page 1 of 6 Signing Date:07.05.2026 00:47:12 proceeded ex-parte against the Appellant on the basis of the tracking report filed by the Respondent. Subsequently, on 22.03.2025, the learned Trial Court passed an ex-parte Judgment and Decree in favour of the Respondent. 3. It is the case of the Appellant that he acquired knowledge of the ex-parte decree only on 11.04.2025, upon receiving communication from the Respondent‟s counsel via WhatsApp, and he was never served with any summons/notice. 4. Upon gaining such knowledge, the Appellant filed an application under Order IX