$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 25.03.2025 + C.R.P. 67/2018 & CM APPL. 13834/2018 SHUSHANT MUTTREJA & ANR .....Petitioners Through: Mr. Anuj P. Agarwala, Advocate (DHCLSC).

versus VINOD YADAV .....Respondent Through: Mr. Gulshan Sharma, Adv.

CORAM:

HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral)

1. The present Petition has been filed under Section 115 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”] seeking to challenge the order dated 31.01.2018 [hereinafter referred to as “Impugned Order”] and order dated 17.03.2018 [hereinafter referred to as “Order in Review”] passed by the learned Additional District Judge, Tis Hazari, Delhi. By the Impugned Order, three Applications filed by the Defendants were decided, being Applications:

(i) under Order VII Rule 11, CPC (ii) under Order VIII Rule 1, CPC (iii) under Order I Rule 10(2), CPC

2. A Coordinate Bench of this Court had by an order dated 10.04.2018 directed that the proceedings before the learned Trial Court shall remain stayed and that order has continued as is till today.

3. None appears on behalf of the Respondent despite service.

Signature Not Verified Digitally Signed C.R.P. 67/2018 Page 1 of 19

4. Learned Counsel for the Petitioners submits that the proceedings before the learned Trial Court were stayed by this Court on 10.04.2018 and have been pending for the last 7 years and that the matter be heard. Accordingly, this Court has taken up this matter for hearing and disposal today.

5. It is the case of the Petitioners (who are the Defendants before the learned Trial Court) that the Impugned Order suffers from an infirmity.

6. Briefly the facts are that a suit for recovery was filed by the Respondent/Plaintiff against a Company titled M/s Cosmic Structures Ltd. & Ors. [hereinafter referred to as "Company"] and its two directors, Shri Sushant Mutreja and Smt. Ravneet Mutreja (Defendant Nos.1 to 3 respectively before the learned Trial Court). It was the contention of the Respondent/Plaintiff that the Company being a real estate developer, was engaged in the business of real estate development and infrastructure projects and had developed several projects on the Yamuna Expressway, Noida, Uttar Pradesh and Haryana.

6.1 The Respondent/Plaintiff booked an office space admeasuring 500 sq. ft. in the project Cosmic Corporate Park situated at plot No.10, Yamuna Expressway, Uttar Pradesh [hereinafter referred to as "Flat"]. A sum of Rs.6,04,000/- was paid in two instalments of Rs.3,02,000/- each on 18.12.2015 and 18.08.2015 by the Respondent/Plaintiff to the Company. It was the grievance of the Respondent/Plaintiff that despite the payment, delivery and possession of the Flat was not handed over. Subsequently, the Respondent/Plaintiff found out that the Company and its directors had played a fraud on various investors. Eventually, the Respondent/Plaintiff Signature Not Verified Digitally Signed C.R.P. 67/2018 Page 2 of 19 filed a suit seeking recovery of Rs.6,04,000/- along with interest at the rate of 18% per annum against the Company and Petitioners.

6.2 The Respondent/Plaintiff also filed a criminal complaint and initiated prosecution in respect of his grievances and an FIR was registered being FIR No.0046/2016 by the Economic Offences Wing, Delhi.

7. A written statement was filed by the Petitioners (Defendant Nos.1 and 2 before the learned Trial Court), wherein it was stated that pursuant to filing of a petition before the High Court by a creditor, being CO.PET.152/2016 captioned Rajni Anand v. Cosmic Structures Ltd., by an order dated 11.01.2017 [hereinafter referred to as "Company Petition"], the Official Liquidator has been appointed as the provisional liquidator of the Company. It was further stated by the Respondent/Plaintiff that pursuant to various FIRs being registered in Delhi and Agra, the Petitioners are in judicial custody and all the records and documents of the Company are lying sealed in the custody