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$~O-25

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 936/2025

JEEWAN MALA HOSPITAL PVT LTD .....Plaintiff

Through: Mr. Vikas Singh, Sr. Adv with Mr.

Varun Singh, Ms. Parijat, Ms.

Vasudha and Ms. Deepeika, Advs.

versus

MR RAJNISH GUPTA & ORS. .....Defendants

Through: Mr. Karan Suneja, Adv for D-1 and 2.

CORAM:

HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 19.12.2025

I.A. 32015/2025 (EXEMPTION)

1. Plaintiff shall file legible/original/certified and clearer copies of

exempted documents, compliant with practice rules, before the next date of

hearing.

2. The application for exemption is allowed, subject to the plaintiff

granting inspection of the documents filed, as and when required to do so, or

filing the original documents at the stage of admission/denial.

3. The application stands disposed of.

CS(OS) 936/2025

4. The present suit has been filed by the plaintiff seeking specific

performance of the agreement to sell dated 26.02.2025 executed with

defendant no.1 and 2 in respect of Plot No. 3, Khasra No. 78/31, Block D,

Municipal No. XIV/11163, New Rohtak Road, Karol Bagh, New Delhi

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 06/02/2026 at 12:54:15

admeasuring about 2489 Sq. Yds (hereinafter the ‘suit property’ ) which was

mortgaged with LIC Housing Finance Ltd. (defendant No. 3). The total sale

consideration was ₹74.51 crores, against which the plaintiff paid ₹2 crores to

defendant Nos. 1 and 2. It also stated that the plaintiff had arranged ₹10

crores towards an one time settlement (OTS) with the lender, with the

defendants obligated under Clause 4 of the agreement to secure the OTS

within 30 days and execute the sale deed free from all encumbrances. It is

stated in the plaint that failing which Clause 21 of the agreement entitled the

plaintiff to seek specific performance.

5. The plaintiff submits that despite execution of addendums dated

03.06.2025 and 01.08.2025, extending timelines, the defendants failed to

redeem the mortgage even by the final date of 01.10.2025, while retaining

the plaintiff’s money. The plaintiff asserts continuous readiness and

willingness to perform and alleges breach by the defendants, giving rise to

the present suit.

6. The plaint be registered as a suit.

7. Issue summons.

8. Mr. Karan Suneja, learned counsel on behalf of the defendant nos. 1

and 2 is present. He confirms the receipt of the suit paperbook and waives

the right of formal service of summons.

9. The statement of learned counsel for defendant no.1 and 2 is also

placed on record who contends that against defendant no.1, proceedings

under Section 94 of the Insolvency and Bankruptcy Code, 2016 have been

initiated.

10. Let the summons be issued to the defendant no.3 by all permissible

modes on filing of process fee. Affidavit of service be filed within two

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 06/02/2026 at 12:54:15

weeks.

11. Written statement(s) shall be filed within thirty days from today. The

defendants shall also file affidavits of admission/denial of the documents

filed by the plaintiffs, failing which the written statements shall not be taken

on record.

12. The plaintiff is at liberty to file replications thereto within thirty days

after filing of the written statements. The replications shall be accompanied

by affidavits of admission/denial in respect of the documents filed by the

defendants, failing which the replications shall not be taken on record.

13. It is made clear that any unjustified denial of documents may lead to

an order of costs against the concerned party.

14. Any party seeking inspection of documents may do so in accordance

with the Delhi High Court (Original Side) Rules, 2018.

15. List on 30.03.2026 before the learned Joint R