L R Builders Private Limited v. P P Jewellers Private Limited
$~1, 5 & 16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1045/2025, CM APPL. 34148/2025, CM APPL. 35795/2025 & CM APPL. 35796/2025 M/S L.R. BUILDERS PRIVATE LIMITED .....Petitioner Through:
Mr. J Sai Deepak, Sr. Adv. with Mr. Prabhas Bajaj, Mr. Luv Virmani, Ms. Kanika Singhal, Mr. Abhishek Mishra, Mr.
Moksh Tyagi, Ms. Muskan Puri, Ms. Reny Chauhan, Mr.
Kartik Kumar, Ms. Ishika & Ms. Bhumika Popli, Advs.
versus M/S P.P. JEWELLERS PRIVATE LIMITED .....Respondent Through:
Mr. Rajat Aneja, Mr. Kumar Sandeep, Mr. Kartik Malhotra, Mr.
Anindit Mandal, Shreya Mansi James, Shivani Chaudhary, Mr. Anant + FAO 152/2025, CM APPL. 33569/2025 & CM APPL.
35585/2025 L R BUILDERS PRIVATE LIMITED .....Appellant Through:
Mr. J Sai Deepak, Sr. Adv. with Mr. Prabhas Bajaj, Mr. Luv Virmani, Ms. Kanika Singhal, Mr. Abhishek Mishra, Mr.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Moksh Tyagi, Ms. Muskan Puri, Ms. Reny Chauhan, Mr.
Kartik Kumar, Ms. Ishika & Ms. Bhumika Popli, Advs.
versus P P JEWELLERS PRIVATE LIMITED .....Respondent Through:
Mr. Rajat Aneja, Mr. Kumar Sandeep, Mr. Kartik Malhotra, Mr.
Anindit Mandal, Shreya Mansi James, Shivani Chaudhary, Mr. Anant + RFA 536/2025, CM APPL. 35809/2025, CM APPL.
35810/2025, CM APPL. 35811/2025 & CM APPL. 35812/2025 L.R. BUILDERS PRIVATE LIMITED .....Appellant Through:
Mr. J Sai Deepak, Sr. Adv. with Mr. Prabhas Bajaj, Mr. Luv Virmani, Ms. Kanika Singhal, Mr. Abhishek Mishra, Mr.
Moksh Tyagi, Ms. Muskan Puri, Ms. Reny Chauhan, Mr.
Kartik Kumar, Ms. Ishika & Ms. Bhumika Popli, Advs.
versus P.P. JEWELLERS PRIVATE LIMITED .....Respondent Through:
Mr. Rajat Aneja, Mr. Kumar Sandeep, Mr. Kartik Malhotra, Mr.
Anindit Mandal, Shreya Mansi James, Shivani Chaudhary, Mr. Anant The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
CORAM:
HON'BLE MR. JUSTICE DHARMESH SHARMA
O R D E R
% 30.05.2025 1.
Having heard the learned counsels for the parties and upon perusal of the record and subsequent to the order dated 28.05.2025 passed by this Court, it appears that the hearing took place before the learned District Judge, North West on 28.05.2025, the matter was again taken up for hearing on 29.05.2025. A copy of the order dated 29.05.2025 has been shown and upon perusal thereof, it appears that the learned District Judge has raised a preliminary issue regarding the valuation of the suit in terms of Section 7(4)(d) of the Court Fees Act, 1870.
2.
Learned senior counsel for the appellant has urged that the learned Trial Court has not even considered their applications for interim relief whereby a restraint order is sought against the respondent from creating any third-party rights in the property in question.
3.
Learned counsel for the respondent, on instructions, submits that presently they have no intention whatsoever to dispose of the property or to create any third-party rights in any manner until the disposal of the application.
4.
Upon a careful perusal of the order dated 29.05.2025, it appears that the learned District Judge is conducting a mini trial which is wholly unwarranted at this stage of the case. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
5.
Accordingly, the learned Trial Court is directed to keep the issue of valuation of the suit in abeyance for the time being. Summons for settlement of issues shall be deemed to have been served upon the respondent and upon filing of the replies by the respondent, the pending application under Order XXXIX in Rule 1 and 2 of the CPC as well as XXXIX Rule 10 of the CPC shall be heard and disposed of at the earliest.
6.
Further, at this stage, as urged by the learned counsels for the parties, the learned District and Sessions Judge, North West is requested to withdraw from the present pending suit from the Court of the District Judge-04, North-West and the same be assigned to some other competent court. The matter be heard on the date already fixed i.e. 05.06.2025.
7.
The pending applications be decided preferably before the commencement of the summer vacation in the District Courts. 8.
The present appeals are disposed of accordingly. 9.
This order shall be without prejudice to the rights and contentions of the parties.
DHARMESH SHARMA, J.
MAY 30, 2025 Ch/Ss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.