Dismissed¶20

M S Cms Computers Ltd. v. Mr Shashi Prakash Chopra & Anr.

Delhi HC14 Jan 2025CM(M)/47/2025

Case brief

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What is this about?

CMS Computers Ltd. v. Shashi Prakash Chopra & Anr., High Court of Delhi, CM(M) 47/2025, decided 14.01.2025 by Ravinder Dudeja, J. Petition under Article 227 of the Constitution of India seeking recall of District Judge order dated 26.11.2024; civil suit for arrears of rent; written statement not taken on record; defence struck off; application to place indemnity agreement on record dismissed; petition dismissed as withdrawn with liberty to file at appropriate stage; exemption applications allowed.

What did the court decide?

Permission to withdraw the petition with liberty to file the same at an appropriate stage. ¶20

M S Cms Computers Ltd. Vs Mr Shashi Prakash Chopra… — Writ and Judicial Review | Delhi HC (2025)

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$~71

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CM(M) 47/2025

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M S CMS COMPUTERS LTD .....Petitioner

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Through: Mr. Lalltaksh Joshi and Ms. Ananya Saraogi, Advocates.

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versus

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MR SHASHI PRAKASH CHOPRA & ANR. .....Respondents Through:

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CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA

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O R D E R

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% 14.01.2025 CM APPL. 1756/2025, CM APPL. 1757/2025 (exemptions)

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Allowed, subject to all just exceptions.

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These applications stand disposed of.

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CM(M) 47/2025 & CM APPL. 1755/2025 (stay)

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By filing the present petition under Article 227 of the Constitution of India, the petitioner is seeking recall/setting aside of the order dated 26.11.2024, passed by the learned District Judge.

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Respondent No. 1 filed a civil suit for arrears of rent with interest against the petitioner and respondent No. 2. Petitioner filed Written Statement [‘ WS ’] with delay, and therefore, the WS was not taken on record and defence was struck off.

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Petitioner, thereafter, filed an application before the Trial Court for placing on record indemnity agreement, as per which, respondent No. 2

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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 24/01/2025 at 14:37:44

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agreed to indemnify the petitioner for liability that may arise out of underlying suit. However, such application has been dismissed by the learned Trial Court primarily on the ground that defence of the petitioner is not on record, and therefore, the petitioner cannot bring on record any facts, including the agreement.

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Learned counsel for petitioner submits that he has already filed a petition under Article 227 of the Constitution of India against the order of striking off his defence, passed by the Trial Court. He further submits that the indemnity agreement is an important document, which is relevant for the purpose of adjudication of the suit.

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After part submissions, learned counsel seeks permission to withdraw the present petition with liberty to file the same at an appropriate stage. 6. The statement made by the learned counsel is taken on record and petition is dismissed a withdrawn with liberty as prayed.

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RAVINDER DUDEJA, J

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JANUARY 14, 2025/ vp

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This is a digitally signed order.

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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 24/01/2025 at 14:37:44

M S Cms Computers Ltd. v. Mr Shashi Prakash Chopra & Anr.

Case brief

What is this about?

What did the court decide?

M S Cms Computers Ltd. v. Mr Shashi Prakash Chopra & Anr.

Case brief

What is this about?

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What the court decided

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