Ms Redecon India Pvt. Ltd. & ORS. v. Ms Vyom Ganga Engineers And Consultants Pvt. Ltd.

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 149/2025 MS REDECON INDIA PVT. LTD. & ORS.

.....Petitioners Through:

Mr. Ankan Suri and Mr.Tanish Nagpal, Advs.

Versus

MS VYOM GANGA ENGINEERS AND CONSULTANTS PVT. LTD.

.....Respondent Through:

Appearance not given.

CORAM:

HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R D E R

% 24.01.2025 CM APPL. 4674/2025 (Exemption) Allowed, subject to all just exceptions.

The application stands disposed of.

CM(M) 149/2025 & CM APPL. 4675/2025 (Stay) 1.

This is a petition under Article 227 of the Constitution of India seeking to set-aside the impugned order dated 21.01.2025 passed by the learned District Judge (Commercial),South-East, Saket Courts, Delhi in Civil Suit No. CS (COMM) 261/2024 titled as "M/s VYOM_GANGA ENGINEERS & CONSULTANTS PVT. LTD. VS. M/S_REDECON (INDIA) PVT. LTD. & ORS."

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

2.

The main grievance of the learned counsel of the petitioners is that on 21.01.2025, the case was listed before the Trial Court for the defendant's evidence.

3.

The defendant was examined, cross-examined and, thereafter, the defendant's evidence was closed.

4.

It is submitted that no opportunity was granted to submit arguments and the Trial Court without hearing final arguments, recorded in the order that the final arguments were heard from both sides and listed the matter for judgment on 25.01.2025.

5.

The learned counsel of the respondent states that the final arguments were addressed without objections from either sides and, therefore, there is no perversity in the order, however, he has no objection, in case, both parties be granted another opportunity to submit their final arguments before the Trial Court.

6.

In the normal course after concluding the evidence, the court adjourns the case for final arguments in order to enable the parties/advocates to prepare themselves for the same.

7.

It is not understood as to what prompted the Trial Court to hear final arguments the same day after closing the DE.

8.

Be that as it may, with the consent of the parties, the present petition is disposed of with direction that Trial Court shall grant one more opportunity to the parties to submit their arguments and shall pronounce the judgment only thereafter.

9.

The learned counsel for the petitioner submits that the advocate of petitioner was engaged only three days back and, therefore, at least 2-3 days be given so that the advocate is able to prepare the arguments. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

With the consent of both the parties, it is directed that final arguments be addressed before the Trial Court on 27.01.2025. 11.

The copy of this order be given dasti under the signatures of the court master.

RAVINDER DUDEJA, J JANUARY 24, 2025/sky/fs The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.