Dismissed¶17

Shweta Jain through Spa Tarun Jain v. Nand Lal Goyal

Delhi HC8 Dec 2025CM(M)/2378/2025

Case brief

AI extract

What is this about?

Shweta Jain through SPA Tarun Jain v. Nand Lal Goyal; CM(M) 2378/2025 & CM APPL. 77297/2025; Delhi High Court; Justice Girish Kathpalia; order dated 08.12.2025; Order VIII Rule 10 CPC application dismissed; written statement not taken on record; written statement read subject to costs as reply; opportunity to file replication allowed due to inadvertence; order dated 17.10.2025 in CM(M) 2024/2025 pending; commercial court order dated 12.11.2025; petition dismissed as withdrawn; respondent unrepresented.

What did the court decide?

Permission to withdraw the petition; the petition and the accompanying application (CM APPL. 77297/2025) dismissed as withdrawn. ¶17

Shweta Jain through Spa Tarun Jain Vs Nand Lal Goyal — Delhi HC (2025) — LawSathi Research

¶1

$~62

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CM(M) 2378/2025 & CM APPL. 77297/2025

¶4

SHWETA JAIN THROUGH SPA TARUN JAIN .....Petitioner Through: Mr. Deepanshu Choithani, Mr. Mayank Pachuri, Mr. Rishabh Jain and Mr. Madhav Nagpal, Advocates.

¶5

versus

¶6

NAND LAL GOYAL .....Respondent Through: None.

¶7

CORAM:

¶8

HON'BLE MR. JUSTICE GIRISH KATHPALIA

¶9

O R D E R

¶10

% 08.12.2025

¶11

Petitioner/plaintiff has assailed order dated 12.11.2025 of the learned commercial court, whereby her application under Order VIII Rule 10 CPC was dismissed and opportunity was granted to her to file replication.

¶12

Learned counsel has taken me through order dated 17.10.2025 of this bench in CM(M) 2024/2025 and it is contended that in view of the said order, Written Statement could not be taken on record.

¶13

Learned counsel for petitioner/plaintiff fairly admits that judgment under Order VIII Rule 10 CPC is not a matter of right of the plaintiff. However, the impugned order has been challenged by petitioner/plaintiff because implicitly the Written Statement has been taken on record despite order dated 17.10.2025 in CM(M) 2024/2025, which petition is pending before this Court till date.

¶14

It appears that till date, the Written Statement has not been taken on

¶15

This is a digitally signed order.

¶16

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 09/12/2025 at 11:36:01

¶17

record. In this regard, by way of paragraph 5 of the impugned order, the learned trial court read the Written Statement subject to costs only to the limited extent of treating the Written Statement as reply to application under Order VIII Rule 10 CPC. It appears that in paragraph 10 of the impugned order, opportunity to file replication was allowed due to inadvertence. 5. After some discussion, learned counsel for petitioner/plaintiff seeks permission to withdraw this petition. As requested, the petition and the accompanying application are dismissed as withdrawn.

¶18

GIRISH KATHPALIA, J

¶19

DECEMBER 8, 2025/ dr

¶20

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 09/12/2025 at 11:36:01

Shweta Jain through Spa Tarun Jain v. Nand Lal Goyal

Case brief

What is this about?

What did the court decide?

Shweta Jain through Spa Tarun Jain v. Nand Lal Goyal

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Vakeel Ahmed Vs Kamlesh Gupta

Trans Asian Industries Expositions Pvt. Ltd. Vs M/S G S Berar and Co. Pvt. Ltd. & Anr.

Trans Asian Industries Expositions Pvt. Ltd. Vs Soni Dave

Katar Singh and Anr. Vs Kuldeep Singh & Ors.

Sumit Mehta Vs Divya Garg

Megha Nigam Vs Rohan Nigam

M/S Ananyaa Space Design and Consultants & Anr. Vs M/S Ranjit Interior

Malti Devi Vs Kapil Swami & Ors.

Vakeel Ahmed Vs Kamlesh Gupta

Trans Asian Industries Expositions Pvt. Ltd. Vs M/S G S Berar and Co. Pvt. Ltd. & Anr.

Trans Asian Industries Expositions Pvt. Ltd. Vs Soni Dave

Dr Tariq Jalaly Vs Dr Tabbassum Bano

Ravinder Yadav Vs Deepak Yadav & Anr.

Sh. Puneet Gautam, Vs Sh. Jugal Kishore Goyal and Ors.