CR-5780-2025(O&M) 300 Jayanti Films (India) Pvt. Ltd. VTC Lifts & Escalators Pvt. Ltd CORAM: HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN Present: Ms. Prakriti Kashyap, Advocate, and Mr. Vivek Sethi, Advocate for the petitioner. Mr. Akshat Dalal, Advocate, for the respondent. HARPREET KAUR JEEWAN, J. (ORAL) 1. The present Civil Revision has been filed under Article 227 of the Constitution of India (Annexure P- whereby, application under Order IX Rule 13 of the Code of Civil Procedure, 1908 (for short, ‘the CPC’) for setting aside the decree dated 02.09.2022 has been dismissed; (ii) order dated 21.05.2025 (Annexure P- appeal filed thereagainst; and (iii) 02.09.2022 (Annexure P 2. Learned counsel for the parties have reached a consensus that the impugned orders dated 10.09.202 judgment/decree dated 02.09.2022 be set aside and the petitioner be granted (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-5780 Date of decision: 1 Jayanti Films (India) Pvt. Ltd. versus VTC Lifts & Escalators Pvt. Ltd HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN Ms. Prakriti Kashyap, Advocate, and Mr. Vivek Sethi, Advocate for the petitioner. Mr. Akshat Dalal, Advocate, for the respondent. HARPREET KAUR JEEWAN, J. (ORAL) The present Civil Revision has been filed under Article 227 of the Constitution of India impugning the -10), passed by the Civil Judge (Junior Division), Gu whereby, application under Order IX Rule 13 of the Code of Civil Procedure, 1908 (for short, ‘the CPC’) for setting aside the decree dated 02.09.2022 has been dismissed; (ii) order dated 21.05.2025 -12), passed by the District Judge, Gurugram, dismissing the appeal filed thereagainst; and (iii) exparte 02.09.2022 (Annexure P-6), passed by the Civil Judge against the petitioner. Learned counsel for the parties have reached a consensus that the impugned orders dated 10.09.2024 and 21.05.2025 as well as the judgment/decree dated 02.09.2022 be set aside and the petitioner be granted IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 5780-2025(O&M) Date of decision: 15th January 2026 .....…Petitioner .......Respondent HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN and Mr. Vivek Sethi, Advocate for the petitioner. HARPREET KAUR JEEWAN, J. (ORAL) The present Civil Revision has been filed under Article 227 of impugning the : (i) order dated 10.09.2024 10), passed by the Civil Judge (Junior Division), Gurugram, whereby, application under Order IX Rule 13 of the Code of Civil Procedure, 1908 (for short, ‘the CPC’) for setting aside the ex parte judgment and decree dated 02.09.2022 has been dismissed; (ii) order dated 21.05.2025 12), passed by the District Judge, Gurugram, dismissing the exparte judgment and decree dated assed by the Civil Judge against the petitioner. Learned counsel for the parties have reached a consensus that and 21.05.2025 as well as the judgment/decree dated 02.09.2022 be set aside and the petitioner be granted The present Civil Revision has been filed under Article 227 of 10.09.2024 rugram, whereby, application under Order IX Rule 13 of the Code of Civil Procedure, judgment and decree dated 02.09.2022 has been dismissed; (ii) order dated 21.05.2025 12), passed by the District Judge, Gurugram, dismissing the judgment and decree dated Learned counsel for the parties have reached a consensus that and 21.05.2025 as well as the judgment/decree dated 02.09.2022 be set aside and the petitioner be granted AVTAR SINGH 2026.01.19 14:22 I attest to the accuracy and integrity of this document order/judgment CR-5780-2025(O&M) an opportunity to contest the original civil suit bearing No.3226 of 2021 titled as “VTC Lift and Escalators Pvt. Ltd. Vs. M/s Jayanti Films Pvt. Ltd.”, subject to the condition that the petitioner deposits a sum of Rs.8,00,000/- respondent and such release shall be subject to the final outcome of the civil suit on merits. Parties are further aforesaid be made time opportunities to conclude his evidence, after filing written statement. 3. I have heard learned counsel for the parties. 4. In view parties, the impugned orders dated 10.09.202 judgment/decree dated 02.09.2022 are set aside; the matter is remanded back to the trial Court to decide the civil suit bearing No after affording 01 effective opportunity to the petitioner written statement. After framing of the issues, both the parties shall be given 02 effective opportunities each to conclude their evidence, however, this shall be only subject to the deposit of a sum of Rs.8,00,000/ demand draft in favour of the respondent. Such demand draft shall be submitted before the trial Court within a period of 03 weeks from today, which shall be handed over to the respon refund the said amount, in case, subsequently any adverse order is passed against the respondent. (O&M) 2 an opportunity to contest the original civil suit bearing No.3226 of 2021 “VTC Lift and Escalators Pvt. Ltd. Vs. M/s Jayanti Films Pvt. , subject to the condition that the petitioner deposits a sum of - before the trial Court, which shall be released to the respondent and such release shall be subject to the final outcome of the civil suit on merits. Parties are further ad idem that trial of the original civil suit aforesaid be made time-bound and the petitioner shall avail only 02 effective opportunities to conclude his evidence, after filing written statement. I have heard learned counsel for the parties. In view of the aforesaid consensus arrived at between the parties, the impugned orders dated 10.09.2024 judgment/decree dated 02.09.2022 are set aside; the matter is remanded back to the trial Court to decide the civil suit bearing No after affording 01 effective opportunity to the petitioner written statement. After framing of the issues, both the parties shall be given 02 effective opportunities each to conclude their evidence, however, this all be only subject to the deposit of a sum of Rs.8,00,000/ demand draft in favour of the respondent. Such demand draft shall be submitted before the trial Court within a period of 03 weeks from today, which shall be handed over to the respondent subject to furnishing surety to refund the said amount, in case, subsequently any adverse order is passed against the respondent. an opportunity to contest the original civil suit bearing No.3226 of 2021 “VTC Lift and Escalators Pvt. Ltd. Vs. M/s Jayanti Films Pvt. , subject to the condition that the petitioner deposits a sum of before the trial Court, which shall be released to the respondent and such release shall be subject to the final outcome of the civil that trial of the original civil suit bound and the petitioner shall avail only 02 effective opportunities to conclude his evidence, after filing written statement. I have heard learned counsel for the parties. of the aforesaid consensus arrived at between the 4 and 21.05.2025 as well as the judgment/decree dated 02.09.2022 are set aside; the matter is remanded back to the trial Court to decide the civil suit bearing No.3226 (supra) afresh, after affording 01 effective opportunity to the petitioner-defendant to file written statement. After framing of the issues, both the parties shall be given 02 effective opportunities each to conclude their evidence, however, this all be only subject to the deposit of a sum of Rs.8,00,000/- by way of a demand draft in favour of the respondent. Such demand draft shall be submitted before the trial Court within a period of 03 weeks from today, dent subject to furnishing surety to refund the said amount, in case, subsequently any adverse order is passed an opportunity to contest the original civil suit bearing No.3226 of 2021 “VTC Lift and Escalators Pvt. Ltd. Vs. M/s Jayanti Films Pvt. , subject to the condition that the petitioner deposits a sum of before the trial Court, which shall be released to the respondent and such release shall be subject to the final outcome of the civil that trial of the original civil suit bound and the petitioner shall avail only 02 effective of the aforesaid consensus arrived at between the and 21.05.2025 as well as the judgment/decree dated 02.09.2022 are set aside; the matter is remanded back ) afresh, defendant to file written statement. After framing of the issues, both the parties shall be given 02 effective opportunities each to conclude their evidence, however, this by way of a demand draft in favour of the respondent. Such demand draft shall be submitted before the trial Court within a period of 03 weeks from today, dent subject to furnishing surety to refund the said amount, in case, subsequently any adverse order is passed AVTAR SINGH 2026.01.19 14:22 I attest to the accuracy and integrity of this document order/judgment CR-5780-2025(O&M) 5. It is by the petitioner, the present petition shall be deemed to have been dismissed without any further indulgence to be made by this Court. 6. Both the parties shall appear before the trial Court 09.02.2026. 7. The present petition is accordingly disposed of with the aforesaid observations. 8. It is made clear that there are no observations on merits controversy. 9. Pending miscellaneous application disposed of. 15th January 2026 Avtar Whether speaking/reasoned Whether reportable (O&M) 3 It is clarified that in case the aforesaid amount is not deposited by the petitioner, the present petition shall be deemed to have been without any further indulgence to be made by this Court. Both the parties shall appear before the trial Court The present petition is accordingly disposed of with the aforesaid observations. It is made clear that there are no observations on merits Pending miscellaneous application (HARPREET KAUR JEEWAN) January 2026 Whether speaking/reasoned : Whether reportable : n case the aforesaid amount is not deposited by the petitioner, the present petition shall be deemed to have been without any further indulgence to be made by this Court. Both the parties shall appear before the trial Court on The present petition is accordingly disposed of with the It is made clear that there are no observations on merits of the Pending miscellaneous application(s), if any, shall stand (HARPREET KAUR JEEWAN) JUDGE Yes/No Yes/No n case the aforesaid amount is not deposited by the petitioner, the present petition shall be deemed to have been on The present petition is accordingly disposed of with the of the , if any, shall stand AVTAR SINGH 2026.01.19 14:22 I attest to the accuracy and integrity of this document order/judgment