ORDER (Oral)

Rajneesh Kumar Gupta, J.

1. This hearing has been conducted through hybrid mode.

CM APPL. 30588/2026 (for exemption)

2. Allowed, subject to all just exceptions. The application stands disposed of.

CM(M) 1046/2026

3. The present petition has been filed under Article 227 of the Constitution of India, assailing the order dated 20th March, 2026 passed by the learned Trial Court in CS DJ ADJ No. 928/2023, whereby the application filed on behalf of the petitioner under Order XXXVII Rule 3(5) read with Section 151 of the Code of Civil Procedure, 1908 was partly allowed, granting conditional leave to defend the Suit.

4. Heard. Record perused.

5. Learned counsel for the petitioner submits that the respondent has already been served through counsel. However, none has appeared on behalf of the respondent today.

6. The relevant portion of the impugned order dated 20th March, 2026 reads as under:

“ORDER

41. The application under Order XXXVII Rule 3(5) CPC is allowed in part. The defendant is granted conditional leave to defend the suit, subject to the following:

a. The defendant shall deposit in this Court a sum of Rs. 4,50,000/- (Rupees Four Lakhs Fifty Thousand only), being 50% o