SLP(C) No. 5658/2023 ITEM NO.5 COURT NO.11 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) No. 5658/2023 [Arising out of impugned final judgment and order dated 05-12-2022 in RFA No. 615/2022 passed by the High Court of Delhi at New Delhi] JOGINDER SINGH GULATI Petitioner(s) VERSUS DINESH GULATI (SINCE DECEASED) THROUGH HIS LRS Respondent(s) (IA No. 59091/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No. 59089/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 10-02-2026 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR HON'BLE MR. JUSTICE K. VINOD CHANDRAN For Petitioner(s) : Mr. Abhishek, AOR For Respondent(s) : Mr. Rakesh Sharma, Adv. Mr. Rahul Rajpal, Adv. Mr. Kanwaljeet Khurana, Adv. Mr. Abhishek Sharma, Adv. Mr. S.K. Verma, AOR UPON hearing the counsel, the Court made the following O R D E R Heard the learned counsel for the parties. We find that the petitioner, Joginder Singh Gulati, assailed the order dated 14.03.2022 passed by the trial Court, granting conditional leave to him to defend against the suit filed by deceased respondent No. 1 under Order XXXVII of the Code of Civil Procedure, 1908 by way of a writ petition filed on 21.04.2022. However, in his own wisdom, he never pursued the said writ 1
SLP(C) No. 5658/2023 petition. Learned counsel for the petitioner states that after the passing of the decree, the defects in the said writ petition were not cured as the matter had been rendered infructuous. We may, however, note that the writ petition was allegedly filed on 21.04.2022 and the decree in the suit was passed more than three months later, i.e., on 26.07.2022. Even after approaching this Court by way of the present special leave petition, the petitioner could have pursued that writ petition to its logical conclusion so as to maintain his challenge against the condition imposed upon him while granting him leave to defend. His failure to do so resulted in the order dated 14.03.2022 passed by the trial Court attaining finality. That being so, we find no grounds to interfere with the impugned judgment and order dated 05.12.2022 passed by the High Court of Delhi in RFA No. 615/2025, confirming the decree of the trial Court passed on 26.07.2022. The special leave petition is, accordingly, dismissed. The amount deposited with the trial Court, pursuant to the order dated 05.04.2023 passed by this Court, shall be refunded to the petitioner along with the interest accrued thereon, if any. (DEEPAK GUGLANI) (PREETI SAXENA) AR-cum-PS COURT MASTER (NSH) 2
ITEM NO.31 COURT NO.13 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) No. 5658/2023 [Arising out of impugned final judgment and order dated 05-12-2022 in RFA No. 615/2022 passed by the High Court of Delhi at New Delhi] JOGINDER SINGH GULATI Petitioner(s) VERSUS DINESH GULATI (SINCE DECEASED) THROUGH HIS LRS Respondent(s) IA No. 59091/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ADN IA No. 59089/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES Date : 16-09-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR HON'BLE MR. JUSTICE ALOK ARADHE For Petitioner(s) Mr. Abhishek, AOR (N/P) For Respondent(s) Mr. S. K. Verma, AOR(N/P) Mr. Rakesh Sharma, Adv.(N/P) Mr. Rahul Rajpal, Adv.(N/P) Mr. Kanwaljeet Khurana, Adv.(N/P) Mr. Prabhat Pachauri, Adv.(N/P) Mr. Abhishek Sharma, Adv.(N/P) UPON hearing the counsel, the Court made the following O R D E R No representation for the parties even on second call. Re-list on 09.12.2025. (BABITA PANDEY) (PREETI SAXENA) AR-cum-PS COURT MASTER (NSH)
ITEM NO.51 COURT NO.15 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 5658/2023 [Arising out of impugned final judgment and order dated 05-12-2022 in RFA No. 615/2022 passed by the High Court of Delhi at New Delhi] JOGINDER SINGH GULATI Petitioner(s) VERSUS DINESH GULATI (SINCE DECEASED) THROUGH HIS LRS Respondent(s) IA No. 59091/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 59089/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES Date : 09-04-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR HON'BLE MR. JUSTICE K.V. VISWANATHAN For Petitioner(s) : Mr. Abhishek, AOR For Respondent(s) Mr. S. K. Verma, AOR Mr. Rahul Rajpal, Adv. Mr. Rohit Taneja, Adv. Mr. Abhishek Sharma, Adv. Mr. Vivek Shokeen, Adv. Ms. Ananya Verma, Adv. UPON hearing the counsel, the Court made the following O R D E R Learned counsel for the petitioner seeks some time to file a rejoinder to the counter affidavit of respondent Nos.1, 2 and 3. Needful shall be done without fail before the next date of hearing. List the matter for hearing on 09.09.2025. (SWETA BALODI) (R.S. NARAYANAN) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
ITEM NO.30 REGISTRAR COURT. 2 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. VIVEK SAXENA Petition(s) for Special Leave to Appeal (C) No(s). 5658/2023 JOGINDER SINGH GULATI Petitioner(s) VERSUS DINESH GULATI (SINCE DECEASED) THROUGH HIS LRS Respondent(s) (Spare copies have not been filed within time.) Date : 12-10-2023 This petition was called on for hearing today. For Petitioner(s) Mr. Abhishek, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Service is complete but there is no appearance on behalf of respondent nos. 1 to 3. List the matter before the Court. VIVEK SAXENA Registrar jk
ITEM NO.45 REGISTRAR COURT. 2 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. VIVEK SAXENA Petition(s) for Special Leave to Appeal (C) No(s). 5658/2023 JOGINDER SINGH GULATI Petitioner(s) VERSUS DINESH GULATI (SINCE DECEASED) THROUGH HIS LRS Respondent(s) (Spare copies have not been filed within time. ) Date : 21-08-2023 This petition was called on for hearing today. For Petitioner(s) Mr. Abhishek, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Two weeks time, is granted to Ld. counsel for the petitioner, to take fresh steps and file fresh particulars, to issue notice to respondent nos.1 to 3. List again on 12.10.2023. VIVEK SAXENA Registrar pm
ITEM NO.69 REGISTRAR COURT. 2 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. VIVEK SAXENA Petition(s) for Special Leave to Appeal (C) No(s). 5658/2023 JOGINDER SINGH GULATI Petitioner(s) VERSUS DINESH GULATI (SINCE DECEASED) THROUGH HIS LRS Respondent(s) (Spare copies have not been filed within time. ) Date : 07-07-2023 This petition was called on for hearing today. For Petitioner(s) Mr. Abhishek, AOR Mr. Manoj Khatri, Adv. For Respondent(s) UPON hearing the counsel through Video Conference, the Court made the following O R D E R Await the return of the service of notice already issued to respondent Nos. 1 to 3. List again on 21.8.2023. VIVEK SAXENA Registrar MG
1 ITEM NO.14 COURT NO.6 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 5658/2023 (Arising out of impugned final judgment and order dated 05-12-2022 in RFA No. 615/2022 passed by the High Court Of Delhi At New Delhi) JOGINDER SINGH GULATI Petitioner(s) VERSUS DINESH GULATI (SINCE DECEASED) THROUGH HIS LRS Respondent(s) (FOR ADMISSION and I.R. and IA No.59091/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.59089/2023-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ) Date : 05-04-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE SANJAY KUMAR For Petitioner(s) Mr. Abhishek, AOR Mr. Manoj Khatri, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R In response to our queries, learned counsel for the petitioner submitted that the order of the Trial Court dated 14.03.2022 granting conditional leave to defend was indeed challenged by the petitioner by way of petition under Article 227 of the Constitution of India bearing Diary No.697758 of 2022, that remains pending with the High Court but before that petition could be heard, the present decision has been rendered dismissing the
2 regular first appeal at the threshold stage. We have taken note of the facts and circumstances of this case where, p rima facie, the petitioner appears having arguable points in this petition. However, looking to the totality of the circumstances, it is considered appropriate to put the petitioner to terms of depositing the amount of Rs.15,48,127/- (Rupees fifteen lakhs forty-eight thousand one hundred twenty-seven), as required by the order passed by the Trial Court, though such a deposit shall remain subject to further orders to be passed in this petition. Therefore, if the petitioner deposits the said amount of Rs.15,48,127/- (Rupees fifteen lakhs forty-eight thousand one hundred twenty-seven) within two weeks from today with the Trial Court and produces a proof thereof in the Registry of this Court, notice may be issued to the respondents, returnable in four weeks. Upon the petitioner producing such proof of deposit and issuance of notice, operation, effect and execution of the decree in question shall remain stayed. (NEETU KHAJURIA) ASTT. REGISTRAR-cum-PS (RANJANA SHAILEY) COURT MASTER
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