Anjan Narain Singh & Ors. Vs M/S Cinni Foundation… — Writ and Judicial Review | Delhi HC (2026)

Anjan Narain Singh & Ors. Vs M/S Cinni Foundation… — Writ and Judicial Review | Delhi HC (2026)

What the court decided

AI extract

Outcome

Both petitions disposed of by consent: the orders challenged (dated 08.12.2025 and 10.12.2025) set aside subject to a detailed timetable — written statement with documents by 17.01.2026, replication by 24.01.2026, liberty to take legal objections, affidavit admission/denial by 03.02.2026, framing of issues and witness lists by 17.02.2026, plaintiff's affidavit evidence by 03.03.2026, cross-examinations concluding 16.04.2026 (plaintiff) and 08.06.2026 (defendants) with defendants' affidavits by 26.04.2026, and an endeavour to dispose of the suit within two months of conclusion of evidence. The dismissal-of-suit and Section 340 Cr.P.C. applications deferred to final hearing. Conditioned on costs of Rs. 65,000/- payable by contesting defendants to respondent/plaintiff.

Issue for consideration

Whether the orders dated 08.12.2025 and 10.12.2025 challenged in both Article 227 petitions should be set aside, subject to directions for time-bound disposal of the suit pending since 2009. +1 more

Court's answer

The orders challenged in both the petitions stand set aside on the parties' recorded consensus (learned counsel ad idem), subject to the Court's directions for time-bound disposal of the suit.

Ratio / Principle

The petitioners (contesting defendants) before the learned Trial Court are permitted to file the written statement alongwith the relevant documents by 17.01.2026.

Key takeaways

Replication with relevant documents to be filed by the respondent/plaintiff within one week thereafter, i.e., by 24.01.2026.ratio¶¶24
The contesting defendants are permitted to take all legal objections in accordance with law in their written statement.ratio¶¶25
The learned Trial Court shall permit the written statement alongwith the documents to be taken on record as also the replication to be filed by the respondent/plaintiff.ratio

Detailed headnote1 paragraphs

Delhi High Court (Tushar Rao Gedela, J.), 08.01.2026 — Two cross-filed Civil Miscellaneous (IP Division) petitions under Article 227 of the Constitution — CM(M)-IPD 3/2026 (M/s Cinni Foundation v. Sumit Aggarwal & Ors.) and CM(M)-IPD 1/2026 (Anjan Narain Singh & Ors. v. M/s Cinni Foundation & Ors.) — challenged orders dated 08.12.2025 and 10.12.2025 arising from a suit pending since 2009, covering (i) the Order IX Rule 7 CPC application to set aside the ex parte order dated 22.04.2013 and the rejection (07.04.2014) of the Section 151 r/w Section 11 CPC application of defendant nos. 3 to 5, and (ii) the Section 340 Cr.P.C. application and an application under Order I Rule 10 r/w Order 1 Rule 11, Order XXXI Rule 1, Order XXII Rule 10 and Section 151 CPC. Learned counsel became ad idem that the challenged orders could be set aside subject to time-bound directions; the Court accordingly set them aside and laid a timetable: written statement with documents by 17.01.2026; replication by 24.01.2026; liberty to take all legal objections; affidavit admission/denial by 03.02.2026; framing of issues and witness lists by 17.02.2026; plaintiff's affidavit evidence by 03.03.2026; cross-examinations to conclude by 16.04.2026 (plaintiff's witnesses) and 08.06.2026 (defendants' witnesses), with defendants' affidavits by 26.04.2026; and an endeavour to hear and dispose of the suit within two months of conclusion of evidence. The dismissal-of-suit and Section 340 Cr.P.C. applications were deferred to the stage of final hearing. Disposal was conditioned on costs of Rs. 65,000/- payable by the contesting defendants to the respondent/plaintiff, with the Trial Court expressly directed not to be influenced by the status of the parties as arrayed in the petitions.

$~30 & 32

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CM(M)-IPD 3/2026, CM 7/2026, CM 8/2026 & CM 9/2026

M/S CINNI FOUNDATION THROUGH ANJAN NARAIN SINGH

.....Petitioner Through: Mr. Kirtiman Singh, Sr. Advocate with Mr. Chandraprakash, Mr. Abhishek Chaterjee, Mr. Abhinav Kumar and Mr. Aindri Saha, Advocates

versus

SUMIT AGGARWAL & ORS. .....Respondents Through: Mr. Pankaj Kumar, Advocate for R-2.

(32)

CM(M)-IPD 1/2026, CM 1/2026, CM 2/2026 & CM 3/2026

ANJAN NARAIN SINGH & ORS. .....Petitioners Through: Mr. Kirtiman Singh, Sr. Advocate with Mr. Chandraprakash, Mr. Abhishek Chaterjee, Mr. Abhinav Kumar and Mr. Aindri Saha, Advocates

versus

M/S CINNI FOUNDATION & ORS. .....Respondents Through: Mr. Pankaj Kumar, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 08.01.2026

These are Civil Misc. Petitions under Article 227 of the Constitution of India challenging orders dated 08.12.2025 and 10.12.2025 in respect of (i) an application under Order IX Rule 7 of the Code of Civil Procedure, 1908, (hereinafter referred to as “CPC” ) seeking setting aside of the order dated

CM(M)-IPD 3/2026 & 1/2026

Page 1 of 3

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 09/01/2026 at 11:17:17

22.04.2013 proceeding the petitioners ex parte as also the rejection of the application under Section 151 CPC r/w Section 11 of CPC filed by the defendant no 3 to 5 on 07.04.2014, (ii) application under Section 340 Cr.P.C filed by the defendant nos.3 to 5 and application under Order I Rule 10 read with Order 1 Rule 11 read with Order XXXI Rule 1 read with Order XXII Rule 10 CPC read with Section 151 CPC, respectively.

After some arguments, learned counsel are ad idem that the orders challenged in both the petitions can be set aside, subject to this Court passing directions for a time bound disposal of the suit filed and pending since the year 2009.

With the consent of both the parties, the following directions are passed:i) The petitioners (contesting defendants) before the learned Trial Court are permitted to file the written statement alongwith the relevant documents within ten days from today i.e., by 17.01.2026. Replication thereto with relevant documents be filed within one week thereafter by the respondent/plaintiff i.e., by 24.01.2026.

ii) The contesting defendants are permitted to take all legal objections in accordance with law in their written statement, to which the plaintiff will be entitled to respond in the replication and file documents in opposition.

iii) The learned Trial Court shall permit the written statement alongwith the documents to be taken on record as also the replication to be filed by the respondent/plaintiff.

iv) The admission/denial shall be carried out on affidavit by both the parties within 10 days thereafter i.e. by 03.02.2026.

v) The issues be framed and the list of witnesses will be filed by both the parties within two weeks from the date of filing of the affidavit of admission/denial i.e. by 17.02.2026.

vi) The respondent/plaintiff shall file the evidence by way of affidavits of

CM(M)-IPD 3/2026 & 1/2026

Page 2 of 3

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 09/01/2026 at 11:17:17

his witnesses thereafter, i.e. by 03.03.2026.

vii) Cross-examination of the respondent/plaintiff’s witnesses may be commenced and completed within 45 days thereafter i.e. by 16.04.2026.

viii) Ten days’ time thereafter shall be available to the defendants to file the evidence by way of affidavits of his witnesses i.e. by 26.04.2026.

ix) Cross-examination of defendants witnesses may be completed within 45 days thereafter i.e. by 08.06.2026.

x) Learned Trial Court shall make an endeavour to hear and dispose of the suit within two months from the conclusion of the evidence on behalf of the both the parties. Since vacations would intervene, the learned Trial Court may suitably adjourn the suit, but may endeavour to dispose of the suit within the stipulated time.

The application seeking dismissal of the suit as also application under Section 340 Cr.P.C. shall be decided at the stage of final hearing by the learned Trial Court.

The aforesaid order is subject to payment of costs of Rs.65,000/- to be paid by the contesting defendants to the respondent/plaintiff under a proper receipt. It is made clear that the learned Trial Court shall not be influenced by the status of the parties as arrayed in the present petitions.

The petitions stand disposed of in the aforesaid terms.

TUSHAR RAO GEDELA, J

JANUARY 8, 2026 Aj

CM(M)-IPD 3/2026 & 1/2026

Page 3 of 3

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 09/01/2026 at 11:17:17