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* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment reserved on: 09.12.2025

Judgment pronounced on: 23.12.2025

Judgment uploaded on: 23.12.2025

+ RFA(OS) 53/2012

ATMA RAM BUILDERS PVT LTD .....Appellant

Through: Mr Ramesh Singh, Senior

Advocate with Mr. Amit Sethi,

Advocate.

versus

EMBASSY RESTAURANT & ANR .....Respondents

Through: Mr. Sonal Anand, Mr. Aayush

Sai & Ms. Surbhi Singh,

Advocates for R-1.

Mr. T. P. Singh, Senior Central

Govt. Counsel for R-2/UOI.

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL

HON'BLE MR. JUSTICE HARISH VAIDYANATHAN

SHANKAR

J U D G M E N T

ANIL KSHETARPAL, J

1. The Appellant/Plaintiff assails the correctness of the judgment dated 16.03.2012 passed in I.A. No.7775/2008 in CS(OS) No.1971/2006 [hereinafter referred to as ‘Impugned Judgment], whereby his plaint has been rejected by the learned Single Judge, while exercising the enabling power under Order VII Rule 11 of the

Code of Civil Procedure, 1908 [hereinafter referred to as ‘CPC’].

2. For the sake of convenience, the parties shall be referred to by their status and rank in the suits, i.e., CS(OS) No.1422/2006 and

1971/2006.

FACTUAL MATRIX:

3. In order to comprehend the issues involved in the present case, relevant facts, in bri