Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS DJ 501/26
SHEETAL Vs. Amit Tyagi
29.05.2026
File is taken up today in terms of notification
No. 77/1-G-4/Genl.1/DHC dated 26.05.2026 issued by Hon’ble High Court of
Delhi (whereby 28.05.2026 was declared holiday and matters listed on
28.05.2026 were directed to be taken up today).
Present: Sh. Rahul Mehta, Ld. counsel for the plaintiff through VC.
This is a suit for recovery of Rs. 45,00,000/- based upon
cancellation agreement dated 19.01.2026.
Perusal of the agreement reveals that the amount Rs. 40,50,000/- is
an admitted amount. However, the present suit has been filed for
Rs. 45,00,000/-.
Ld. counsel for the plaintiff submits that the defendant has not paid
the amount as per the agreement and has made payment of only Rs. 10,00,000/-.
Since the there is a difference between the admitted amount and the
claimed amount, the present suit raises disputed question of the facts. As such,
the same cannot be proceeded under Order 37 of CPC.
In view of the aforesaid facts and circumstances, the present suit is
treated as normal suit.
Issue notice to the defendant on filing of PF/SP within 7 days from
today as well as through all approved electronic modes.
Put up for further proceedings on 10.08.2026.
(Virender Negi)
District Judge-05,
Central, THC, Delhi
29.05.2026(kd)
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