MS SUMANJIT KAUR NISHA ARORA GILL v. O P KHAITAN (HUF) THROUGH ITS KARTA GAUTAM KHAITAN & ANR.
FAO(OS)/83/2026 · 2026-09-02
Renu Bhatnagar, Vivek Chaudhary
body2026
DailyLaw.ai
[ 2026 DAILYLAW 17568 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 17568 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~13 &14 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010364612026 + FAO(OS) 83/2026 & CM APPL. 52424/2026 MS. SUMANJIT KAUR NISHA ARORA GILL .....Appellant Through: Mr. Rajiv Dutta, Sr. Adv. with Mr. Siddharth Dutta & Mr. Pratyush, Advs. versus O. P. KHAITAN (HUF) THROUGH ITS KARTA GAUTAM KHAITAN & ANR. .....Respondents Through: Mr. Ramesh Singh, Sr. Adv. with Ms. Bharti Badesra, Ms. Shivleen Pasricha & Mr. Karan Khaitan, Advs. for R-1. Mr. Adarsh Priyadarshi, Ms. Sandhya, Mr. Suchit & Mr. Vishal Yadav, Advs. for R-2. 14 # CNR No. DLHC010364762026 + FAO(OS) 84/2026, CM APPL. 52455/2026 & CM APPL. 59103/2026 O.P. KHAITAN HUF
.....Appellant Through: Mr. Ramesh Singh, Sr. Adv. with Ms. Bharti Badesra, Ms. Shivleen Pasricha & Mr. Karan Khaitan, Advs. versus SUMANJIT KAUR NISHA ARORA GILL & ANR. .....Respondents Through: Mr. Rajiv Dutta, Sr. Adv. with Mr. Siddharth Dutta & Mr. Pratyush, Advs. for R-1. Mr. Adarsh Priyadarshi, Ms. Sandhya, Mr. Suchit & Mr. Vishal Yadav, Advs. for R-2. 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 09/09/2026 at 11:43:33
CORAM:
HON'BLE MR. JUSTICE VIVEK CHAUDHARY HON'BLE MS. JUSTICE RENU BHATNAGAR O R D E R %
02.09.2026 CM APPL. 59104/2026 in FAO(OS) 84/2026 (seeking exemption from filing certified copy of the impugned order dated 24.11.2025)
1. Allowed, subject to all just exceptions.
2. The application stands allowed.
FAO(OS) 83/2026
3. Heard learned counsel for the parties.
4. The impugned Order 06.07.2026 is passed by the learned Single Judge in IA No.16845/2026 in CS(OS) 566/2026, granting an interim injunction
order, whereby also requiring defendants to file their replies in a time-bound manner to the injunction application and putting up such application for hearing. 5. Learned Senior Counsel for the appellant in FAO(OS) 83/2026 points out that looking into the prayer in the suit, the same is not maintainable, as such prayers cannot be asked for in a suit. He submits that he may also be filing an application under Order VII Rule 11 CPC before the learned Single Judge with regard to the maintainability of the suit. 6. Be that as it may, i.e., the appellant may raise his objections with regard to maintainability of the suit by way of application under Order VII Rule 11 CPC or in any other manner including by raising objection in his reply to the injunction application before the learned Single Judge. 7. We find it appropriate that the learned Single Judge should consider the 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 09/09/2026 at 11:43:33
said issue also expeditiously and decide the same. 8. In view thereof, the defendants in the suit, who are represented by their respective counsels, are permitted to file their reply to the injunction application positively within a period of two weeks and no more. Any application under Order VII Rule 11 CPC, if desired, be also filed within the said period. 9. Reply thereto, if any, shall be filed within a period of two weeks thereafter. 10. We request the learned Single Judge, thereafter, to hear and decide the abovesaid without any unnecessary delay. 11. With the aforesaid, the present appeal is disposed of. 12. Pending application(s), if any, also stand(s) disposed of. FAO(OS) 84/2026
13. The present appeal also assails Order 06.07.2026 passed by the learned Single Judge in IA No.16845/2026 in CS (OS) 566/2026. 14. In view of the Order passed in the FAO (OS) 83/2026, learned Senior Counsel appearing for appellant in FAO (OS) 84/2026 prays to withdraw the present appeal. 15. In view thereof, the present appeal is disposed of. 16. Pending application(s), if any, also stand(s) disposed of. VIVEK CHAUDHARY, J RENU BHATNAGAR, J SEPTEMBER 2, 2026/pk/nc 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 09/09/2026 at 11:43:33