Vasudev Singh Vs Sanjay Sharma — Delhi HC (2025) — LawSathi Research

Vasudev Singh Vs Sanjay Sharma — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition dismissed as not pressed without prejudice to parties' rights and contentions; defendant granted four weeks from 02.09.2025 to deposit Rs. 2.50 lacs before the learned Trial Court (to be kept in an interest-bearing Fixed Deposit); defendant permitted to file written statement within 10 days with advance copy to opposite side; Trial Court requested to expedite suit disposal; pending applications disposed of; copy of order to be given dasti.

Issue for consideration

Whether the order dated 29.07.2025 granting the defendant leave to defend in the summary suit conditional on deposit of 50% of the suit amount (Rs. 2.50 lacs) called for interference by this Court.

Court's answer

The present petition, challenging the conditional leave-to-defend order dated 29.07.2025, is dismissed as not pressed.

Ratio / Principle

All rights and contentions of the parties are reserved.

Key takeaways

The defendant is granted a period of four weeks from the date of the order (02.09.2025) to deposit Rs. 2.50 lacs before the learned Trial Court, in place of the earlier 30-day window which expired unavailed during pendency of the challenge.ratio¶24
The deposited amount is to be placed in an interest-bearing Fixed Deposit.ratio¶24
The defendant is permitted to file the written statement within 10 days from the date of the order, with advance copy to the opposite side.ratio

Detailed headnote1 paragraphs

Delhi High Court (Manoj Jain, J.), CM(M) 1697/2025, decided 02.09.2025: The petitioner, defending a summary suit, assailed the Trial Court's order dated 29.07.2025 whereby his application for leave to defend was allowed conditionally, requiring deposit of 50% of the suit amount, i.e. Rs. 2.50 lacs, within 30 days. At the hearing, counsel for the petitioner, without prejudice to his rights and contentions, did not press the petition, and sought a further 30 days for the deposit since the amount remained undeposited during pendency of the challenge. None appeared for the respondent despite advance notice. The Court dismissed the petition as not pressed, reserving all rights and contentions of the parties. Simultaneously, the defendant was granted four weeks to deposit Rs. 2.50 lacs before the learned Trial Court, to be placed in an interest-bearing Fixed Deposit, and was permitted to file the written statement within 10 days with advance copy to the opposite side. The learned Trial Court was requested to expedite the suit's disposal, and the pending applications were disposed of accordingly.

$~91

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CM(M) 1697/2025, CM APPL. 55131/2025 & CM APPL. 55132/2025 VASUDEV SINGH

.....Petitioner Through: Mr. Yash Sharma, Mr. Himani Sharma, Mr. Vinayak Uniyal, Advs.

versus

SANJAY SHARMA

.....Respondent Through: None.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R % 02.09.2025

Petitioner is defending a suit which is summary in nature.

Defendant filed an application seeking leave to defend and the same has been allowed, albeit, with the condition that he would deposit 50% of the suit amount i.e. a sum of Rs.2.50 lacs in the Court within 30 days.

Such order dated 29.07.2025 is under challenge.

After hearing arguments for some time, learned counsel for petitioner, without prejudice to his rights and contentions, does not press the present petition.

He, however, submits that since the defendant had initiated process to challenge order dated 29.07.2025, the abovesaid amount has yet not been deposited before the learned Trial Court and there is request to grant another period of 30 days to deposit the same.

CM(M) 1697/2025

1

This is a digitally signed order.

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 09/09/2025 at 12:03:07

It is also stated that the written statement would also be filed within 10 days from today.

None appears from the side of respondent, despite advance notice.

Be that as it may, in view of aforesaid, the present petition is dismissed as not pressed.

All rights and contentions of parties are reserved.

Simultaneously, defendant is granted a period of four weeks from today to deposit amount of Rs.2.50 lacs before the learned Trial Court. Needless to say, such amount be put in an interest bearing Fixed Deposit. The defendant is also permitted to file written statement within 10 days from today, with advance copy to opposite side.

Since a very short point is involved, learned Trial Court is requested to expedite the disposal of the suit. However, it is expected that both the sides shall render due assistance and cooperation to learned Trial Court to achieve such expeditious disposal.

Pending applications also stand disposed of in aforesaid terms.

A copy of this order be given dasti under signatures of the Court Master.

MANOJ JAIN, J

SEPTEMBER 2, 2025/ck/shs

CM(M) 1697/2025

2

This is a digitally signed order. 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 09/09/2025 at 12:03:07