Disposed¶24

Anil Malhotra HUF through Its Karta Anil Malhotra v. M S M M Ramesh and Company through Its Managing Partner Shri Tarun Arora and Ors.

Delhi HC12 Dec 2025CS(OS)/1012/2024

Case brief

AI extract

What is this about?

Anil Malhotra HUF v. M S M M Ramesh and Co. (Tarun Arora) & Ors.; CS(OS) 1012/2024; High Court of Delhi; Subramonium Prasad, J.; 12.12.2025; Section 80 / Section 80(2) CPC; suit against officials acting in official capacity; statutory notice mandatory; Section 80(2) application filed but no urgency; plaint returned with liberty to file afresh; Suit and pending I.As. disposed; prayers included cancellation of sale deed dated 07.10.2024, refund of Rs. 1,55,00,000/- with 18% interest and Rs. 17,76,000/- (sought, not adjudicated).

What did the court decide?

Plaint returned to the Plaintiff with liberty to file a fresh plaint after complying with the requirement of Section 80(2) of CPC; Suit disposed of along with pending application(s). ¶24

Anil Malhotra HUF through Its Karta Anil Malhotra Vs M S M M Ramesh and Company through Its Managing Partner Shri Tarun Arora and Ors. — Delhi HC (2025) — LawSathi Research

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$~78

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CS(OS) 1012/2024, I.A. 48696/2024, I.A. 48697/2024, I.A. 48698/2024, I.A. 13102/2025, I.A. 13707/2025

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ANIL MALHOTRA HUF THROUGH ITS KARTA ANIL MALHOTRA .....Plaintiff

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Through: Mr. Braj Bhushan Lal Karn, Adv.

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versus

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M S M M RAMESH AND COMPANY THROUGH ITS MANAGING PARTNER SHRI TARUN ARORA AND ORS

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.....Defendants

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Through: Mr. Prateek Avasthi, Adv. for D-1 to 3.

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Ms. Rachita Garg, Adv. for GNCTD.

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CORAM:

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HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

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O R D E R % 12.12.2025

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The present Suit has been filed with the following prayers:

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“a) pass a decree of declaration thereby cancel the sale deed dated 07.10.2024 vide document No.2024/22/I/13214 in Book No.I Volume No. 29054 page No. 37 to 54 dated 08.10.2024 and declaring the same is null and void;

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b) pass a decree to direct the defendant no.1 to 3 to refund of sale consideration amount of Rs.1,55,00,000/- with interest @ 18% per annum from the date of sale deed dated 07.10.2024;

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c) direct the defendant no.4 to refund of Rs.17,76,000/;

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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 17/12/2025 at 12:37:33

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d) direct the defendant no.5 to maintain its own record for cancellation of the sale deed dated 07.10.2024;

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e) pass any such other order (s)/ direction (s), as may be necessary to protect the rights of the plaintiff and against the defendants.”

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Since, the present Suit has been instituted against Defendant Nos.1 to 3 in respect of an act done in official capacity, a notice under Section 80 of CPC was, therefore, mandatory.

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Though an application has now been filed under Section 80(2) of CPC, in view of the fact that there is no urgency in the matter, this Court is inclined to return the plaint to the Plaintiff with liberty to file a fresh plaint after complying with the requirement of Section 80(2) of CPC.

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In view of the above, the present Suit is disposed of, along with pending application(s), if any.

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SUBRAMONIUM PRASAD, J

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DECEMBER 12, 2025 S. Zakir

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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 17/12/2025 at 12:37:33

Anil Malhotra HUF through Its Karta Anil Malhotra v. M S M M Ramesh and Company through Its Managing Partner Shri Tarun Arora and Ors.

Case brief

What is this about?

What did the court decide?

Anil Malhotra HUF through Its Karta Anil Malhotra v. M S M M Ramesh and Company through Its Managing Partner Shri Tarun Arora and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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