M/S Mars Enterprises Through Its Partners & ORS. v. Esskay Guest House Pvt. Ltd. Through Its Director Balbir Singh Chhabra
$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1789/2023& CM APPL. 56777/2023 M/S MARS ENTERPRISES THROUGH ITS PARTNERS & ORS. .....Petitioners Through:
Ms. Purva Tyagi, Adv.
versus ESSKAY GUEST HOUSE PVT. LTD. THROUGH ITS DIRECTOR BALBIR SINGH CHHABRA .....Respondent Through:
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
O R D E R
% 05.08.2025 1.
Petitioners herein are defending a suit which seeks recovery of arrears of rent and damages.
2.
The challenge in the present petition is with respect to order dated 22.09.2023 whereby one application filed by defendants (petitioners herein) has been dismissed.
3.
However, at the very outset, learned counsel for petitioners submits that the suit in question was not pursued by the concerned plaintiff before the learned Trial Court and same has already been dismissed on 12.02.2025 by learned District Judge, Commercial Court.
4.
Copy of order has also been placed on record which records that since the new Management of plaintiff company is not interested in pursuing the present suit, the same is dismissed for non-prosecution. Such order be taken CM(M) 1789/2023 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 08/08/2025 at 15:13:54
on record.
5.
In view of above, learned counsel for petitioners submits that though she does not press the present petition, she, at the same time, seeks liberty to revive the same in case the suit in question is, eventually, restored. 6.
Resultantly, the present petition is dismissed as not pressed and liberty as prayed for is also granted.
7.
Pending application, if any, also stands disposed of in aforesaid terms. MANOJ JAIN, J AUGUST 5, 2025/ck/js CM(M) 1789/2023 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 08/08/2025 at 15:13:54