Surender Kumar Sachdeva v. Urvashi Infrastructure Ltd

$~84 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 931/2025, CM APPL. 30302/2025 & CM APPL. 30303/2025 SURENDER KUMAR SACHDEVA .....Petitioner Through:

Mr. Vikram Saini, Advocate.

versus URVASHI INFRASTRUCTURE LTD .....Respondent Through:

Mr. Rajesh Kumar iwth Mr. Neeraj Pawar, Advocates along with Mr.

Akhil Beriwal, AR.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 19.05.2025 1.

Petitioner is defending a suit which is commercial in nature. 2.

During pendency of the suit, plaintiff moved application seeking permission to place on record signed copy of Board Resolution. 3.

Such application has been allowed by the learned Trial Court on 06.03.2025.

4.

Such order is under challenge.

5.

The Court has seen the copy of the previous Board Resolution as well as the Board Resolution which has been permitted to be placed on record by virtue of impugned order.

6.

It is also noticed that the learned Trial Court has already framed issues and one of the issue is "Whether the suit has not been signed, verified and instituted by a competent person? If so its effect? OPD" 7.

After hearing arguments for some time, learned counsel for the petitioner submits that he does not press the present petition. However, he prays that it may be clarified that the Board Resolution has merely been permitted to be placed on record and that it is still required to be proved in CM(M) 931/2025 1 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 00:49:44

accordance with law. He also submits that the previous Board Resolution is also on record and he may be permitted, as and when situation so arises, to put requisite questions in this regard with respect to both the Board Resolution to the concerned witness.

8.

Present petition is disposed of as not pressed and the abovesaid liberty, it is needless to say, is always available and open to the petitioner. It need not be emphasized that even if any document is permitted to be placed on record, while taking recourse to Order XI CPC, any such party is, still, mandated to prove the same in accordance with law.

9.

Learned counsel for petitioner supplements that when the abovesaid suit was taken up by the learned Trial Court yesterday, he was burdened with a cost of Rs. 10,000/- and seeks liberty to move application, seeking waiver of the abovesaid cost. Petitioner is at liberty to move any such application. 10.

Petition stands disposed of in aforesaid terms. 11.

Pending application also stands disposed of.

MANOJ JAIN, J MAY 19, 2025/sw/SS CM(M) 931/2025 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 00:49:44