MANOGYA AGARWAL vs M/S ANEJA REALTY PVT LTD

$~ * 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 3. It is the case of the Appellant that he ac