Ghanshyam Bhagchandani v. Sangeeta

Delhi HC11 Jul 2025CM(M)/1206/2025

Case brief

AI extract

What is this about?

Ghanshyam Bhagchandani v. Sangeeta / Smt Sangeeta; High Court of Delhi; CM(M) 1206/2025 and CM(M) 807/2022; Justice Manoj Jain; 11 July 2025; closure of right to cross-examination; last opportunity to cross-examine defendant; interim injunction under Order XXXIX Rules 1 & 2 CPC dismissed as withdrawn without prejudice; suit for mandatory and permanent injunction; no further adjournment; respondent unrepresented.

What did the court decide?

CM(M) 807/2022 dismissed as withdrawn without prejudice (pending applications disposed in the same terms); CM(M) 1206/2025 disposed of with a request to the learned Trial Court to permit the plaintiff to cross-examine the defendant on a short date after 15.07.2025, it being clarified that no further opportunity shall be given to the petitioner. ¶¶34

Ghanshyam Bhagchandani Vs Sangeeta — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶34

Issue for consideration

Whether the learned Trial Court's dismissal of the plaintiff's interim injunction application under Order XXXIX Rules 1 & 2 CPC on 18.02.2022 (upheld in appeal on 12.05.2022) was open to challenge in CM(M) 807/2022. +1 more

¶¶17

Court's answer

CM(M) 807/2022 is dismissed as withdrawn, without prejudice to the rights and contentions of the petitioner, since the suit has substantially progressed with evidence adduced before the learned Trial Court.

¶¶25

Ratio / Principle

Taking note of the various previous orders, the impugned order dated 20.05.2025 apparently does not suffer any perversity, as the plaintiff should have ensured that his counsel was present for the requisite cross-examination.

¶¶28

Key takeaways

Since a very short point is involved and on the assurance of the petitioner/plaintiff, CM(M) 1206/2025 is disposed of with a request to the learned Trial Court to permit the plaintiff to cross-examine the defendant.ratio¶¶34
The matter stands fixed before the learned Trial Court on 15.07.2025, on which day, after ascertaining the availability of the witness and convenience of the parties, the Trial Court is to give a short date for cross-examination of PW Ms Sangeeta.ratio¶¶35

Detailed headnote1 paragraphs

Oral judgment of Hon'ble Mr. Justice Manoj Jain, High Court of Delhi (11.07.2025), disposing of two CM(M) petitions by Ghanshyam Bhagchandani against Sangeeta/Smt Sangeeta arising out of a suit for mandatory and permanent injunction pending for around 18 years. CM(M) 807/2022, directed against the Trial Court's order dated 18.02.2022 dismissing the plaintiff's interim injunction application under Order XXXIX Rules 1 & 2 CPC (first appeal dismissed on 12.05.2022), was dismissed as withdrawn without prejudice, the trial having progressed with the plaintiff's evidence recorded and the defendant's witness examined-in-chief. In CM(M) 1206/2025, assailing the Trial Court's order dated 20.05.2025 closing the plaintiff's right to cross-examine the defendant (whose affidavit was filed on 21.10.2024), the Court found the impugned order to apparently suffer no perversity, observing that the plaintiff should have ensured his counsel's presence, but, given the short point involved and the petitioner's assurance of no delay, disposed of the petition with a request to the Trial Court to allow cross-examination of PW Ms Sangeeta on a short date following the hearing fixed for 15.07.2025, expressly clarifying that no further opportunity would be granted. The respondent did not appear despite advance notice.

¶1

$~70 & 74

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 11^th July, 2025

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- CM(M) 1206/2025 & CM APPL. 40650-40651/2025

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GHANSHYAM BHAGCHANDANI .....Petitioner Through: Dr. H.K. Gahlaut, Advocate with petitioner-in-person

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versus

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SANGEETA .....Respondent

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Through: None

¶9

- CM(M) 807/2022 & CM APPL. 35604/2022

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GHANSHYAM BHAGCHANDANI .....Petitioner Through: Dr. H.K. Gahlaut, Advocate with petitioner-in-person

¶11

versus

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SMT SANGEETA .....Respondent

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Through:

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CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral)

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CM(M) 807/2022 & CM APPL. 35604/2022

¶16

Petitioner herein is plaintiff before the learned Trial Court and has filed a suit for mandatory and permanent injunction.

¶17

Plaintiff had also prayed for interim injunction and the learned Trial Court dismissed his application moved under Order XXXIX Rules 1 & 2 CPC on 18.02.2022.

¶18

He challenged the aforesaid order by filing an appeal before learned District Judge and his such appeal has also been dismissed on 12.05.2022.

¶19

Signature Not Verified Digitally Signed By:SONIA THAPLIYAL Signing Da te:1 4.07.2025 14:31:04

¶20

CM(M) 1206/2025 & CM(M) 807/2022

¶21

¶22

Such order has been challenged by filing CM(M) No. 807/2022 .

¶23

Admittedly, there is substantial progress in the aforesaid suit as the plaintiff has already led his evidence and witness of defendant has also entered into witness box , albeit, plaintiff could not cross-examine such witness.

¶24

After hearing arguments for some time, learned counsel for petitioner submits that since matter has already progressed a lot and since injunction was declined at the earlier stage while taking a prima facie view of the matter and since the parties have already adduced substantial evidence before the learned Trial Court, he, without prejudice to his rights and contentions, does not press the present petition.

¶25

Accordingly, aforesaid petition CM(M) 807/2022 is dismissed as withdrawn. This is, however, without prejudice to the rights and contentions of the petitioner.

¶26

Pending applications are also disposed of in the aforesaid terms. CM(M) 1206/2025 & CM APPL. 40650-40651/2025

¶27

Petitioner takes exception to order dated 20.05.2025, whereby the learned Trial Court has closed his right to cross-examine the defendant. 10. The attention of the Court has been drawn towards various previous orders starting from 21.10.2024 when the affidavit of defendant Ms. Sangeeta was submitted before the learned Trial Court.

¶28

Undoubtedly, taking note of the various previous orders, the learned Trial Court has declined any further opportunity to plaintiff to cross-examine her and, apparently, the impugned order does not suffer any perversity as plaintiff should have ensured that his counsel was present for requisite cross-examination.

¶29

Signature Not Verified

¶30

CM(M) 1206/2025 & CM(M) 807/2022

¶31

¶32

Digitally Signed By:SONIA THAPLIYAL Signing Da te:1 4.07.2025 14:31:04

¶33

Learned counsel for petitioner/plaintiff submits that there is no intention to cause any delay in the matter, particularly in view of the fact that petitioner is seeking injunction and is pursuing his suit for last around 18 years. When asked, learned counsel for the petitioner stated that if one opportunity is granted in this regard, it will be ensured that the cross-examination of the defendant is conducted without any further delay.

¶34

None appears from the side of respondent despite advance notice. 14. In the other petition, the respondent was earlier duly represented but when the matter was taken up today, there is no appearance from her side. 15. Since a very short point is involved and since there is assurance from the side of petitioner/plaintiff, the present petition is disposed of with the request to learned Trial Court to permit plaintiff to cross-examine the defendant.

¶35

Matter is now fixed before the learned Trial Court on 15.07.2025 and on that day, the learned Trial Court, after ascertaining the availability of the aforesaid witness and convenience of the parties, would give a short date for the purposes of cross-examination of PW Ms Sangeeta in the present matter. It is, however, clarified that no further opportunity shall be given to petitioner. 17. Petition stands disposed in the aforesaid terms.

¶36

Pending applications are also disposed of in the aforesaid terms.

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(MANOJ JAIN)

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JUDGE JULY 11, 2025/ dr/shs

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Signature Not Verified

¶40

CM(M) 1206/2025 & CM(M) 807/2022

¶41

¶42

Digitally Signed By:SONIA THAPLIYAL Signing Da te:1 4.07.2025 14:31:04

Ghanshyam Bhagchandani v. Sangeeta

Case brief

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Ghanshyam Bhagchandani v. Sangeeta

Case brief

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