Manoj Kumar v. Himgiri Auto Finance Pvt. Ltd.

$~81 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 3396/2024, CM APPL. 53865/2024, CM APPL. 53866/2024 & CM APPL. 53867/2024 MANOJ KUMAR .....Petitioner Through:

Mr. Hameed S. Shaikh, Mr. C.

Adhikesavan and Mr. Amar Pal, Advocates versus HIMGIRI AUTO FINANCE PVT. LTD. .....Respondent Through:

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 13.09.2024 CM APPL. 53866/2024 (exemption) Exemption allowed, subject to all just exceptions. CM(M) 3396/2024, CM APPL. 53865/2024 1.

Petitioner is defendant before the learned Trial Court and has challenged order whereby leave to defend was granted subject to the condition that he would deposit principal amount of Rs. 1.30 lacs in the Court. 2.

Order was passed way back on 17.12.2022.

3.

Learned counsel for the petitioner/defendant has, however, stated that there is material development as the suit, as such, has already been decreed by the learned Trial Court on 06th instant. He, therefore, states that present petition has become infructuous and may be disposed of accordingly. He also submits that he would file appeal and the contentions raised in the present CM(M) 3396/2024 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 02/07/2025 at 03:23:09

petition would be raised in appeal. He seeks liberty to said effect. 4.

In view of the above, present petition stands disposed of as having become infructuous. Liberty, as prayed is granted. 5.

All the rights and contentions of the parties are reserved. MANOJ JAIN, J SEPTEMBER 13, 2024/dr CM(M) 3396/2024 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 02/07/2025 at 03:23:09