$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010411492026 + CM(M) 1925/2026, CM APPL. 59024/2026, CM APPL. 59025/2026 & CM APPL. 59026/2026 KULDEEP PANDEY .....Petitioner Through: Ms. Charu, Mr. Puneet Aggarwal and Ms. Shubhra Mishra, Advs. versus VINIT KUMAR .....Respondent Through: CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL O R D E R % 02.09.2026 1. The present petition has been preferred by the petitioner seeking the following reliefs: “A. Set aside the partly dismissed impugned orders dated 26.05.2025 and 16.03.2026 passed by the Court of Ld. Court of ACJ -cum- ARC-cum- CCJ in Civil Suit No. 326/2024 titled Vinit Kumar vs. Kuldeep Pandey, B. Allow the petitioner’s application under Section 151 of the Code of Civil Procedure, 1908 and permit the petitioner to place on record the Bank account statement and the disability certificate of the Petitioner/defendant C. Pass such other and further orders as this Hon’ble Court may deem fit and proper in the interest of justice.” 2. Briefly stated, in 2024, the respondent instituted Civil Suit No. 326/2024 titled “Vinit Kumar v. Kuldeep Pandey” under Order XXXVII of 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 05/09/2026 at 09:50:22 the Code of Civil Procedure, 1908 (“CPC”). The petitioner was served with summons on 22.10.2024 and consequently, the petitioner filed an application under Order XXXVII Rule 3(5) of the CPC seeking leave to defend. 3. The learned Trial Court vide the impugned order dated 26.05.2025, allowed the application of the petitioner and granted the leave to defend, conditional upon the deposit of Rs. 1,50,000/- to be made by the petitioner, with the learned Trial Court by way of a Fixed Deposit. The relevant portion of the impugned order reads thus: “That relying upon the law laid down by Hon’ble Supreme Court in IDBI Trusteeship Services Ltd. Vs. Hubtown Ltd Supra this court finds that though defendant has raised a defence which seems plausible but improbable. The application leave to defend is allowed and conditional leave to defend is granted subject to deposit of the cheque amount of Rs. 1,50,000/- by the defendant within 06 weeks from today, in the court by way of Fixed Deposit. Application disposed off in above terms. 4. Subsequently, the petitioner filed an application for review under Section 114 and Order XLVII read with Section 151 of the CPC challenging the order dated 26.05.2025, along with an application under Section 5 of the Limitation Act, 1963, however, both applications were dismissed by the learned Trial Court vide the impugned order dated 16.03.2026. 5. Aggrieved thereby, the petitioner has preferred the present petition. 6. Ms. Charu, the learned counsel for the petitioner submits that the petitioner is a disabled person who is undergoing financial strain and the condition of depositing the entire cheque amount of Rs. 1,50,000/- will deprive the petitioner of his right to defend the suit on merits, especially when the petitioner has raised a plausible defence. 7. The learned counsel for the petitioner, on instructions, submits that 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 05/09/2026 at 09:50:22 the petitioner is willing to deposit 50% of the cheque amount, being Rs. 75,000/- for grant of the leave to defend. The statement coming on instructions, is hereby taken as an undertaking. 8. Heard. Perused the record. 9. This Court deems it appropriate to modify the impugned orders dated 26.05.2025 and 16.03.2026, to the extent that the petitioner is granted leave to defend subject to depositing 50% of the cheque amount, being Rs. 75,000/-, by way of a FDR before the learned Trial Court within four weeks from today. Upon deposit of the aforesaid FDR, leave to defend shall stand granted. The disability certificate and bank account statements of the petitioners are also taken on record. 10. In view thereof, nothing survives in the present petition. 11. The present petition, along with pending applications, if any, shall stand disposed of. AJAY DIGPAUL, J SEPTEMBER 2, 2026/AS/as 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 05/09/2026 at 09:50:22