# CENTRAL COURT HOTEL vs. JASMEET SINGH MARWAH & ANR.

> HC judgment dated 2026-08-24. Citation: TCN-2026-HC-00051. The Plaintiff, Central Court Hotel, leased premises to Defendant No.2 (a company) for a restaurant.…

- **Court:** HC
- **Order date:** 24 Aug 2026
- **Citation:** TCN-2026-HC-00051
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/bombay-high-court-panaji/central-court-hotel-vs-defendant-no2-q5dn2

## Summary

### Background

The Plaintiff, Central Court Hotel, leased premises to Defendant No.2 (a company) for a restaurant. Defendant No.1, Jasmeet Singh Marwah, was the Managing Director and a major shareholder of Defendant No.2. Defendant No.2 defaulted on rent payments, leading the Plaintiff to initiate arbitration proceedings. A settlement agreement was reached, including a personal guarantee and undertaking from Defendant No.1. Despite this, Defendant No.2 again defaulted, leading to further legal actions, including contempt proceedings and additional Section 9 petitions. Defendant No.2 subsequently entered liquidation/insolvency proceedings. The Plaintiff alleges that Defendant No.1 made fraudulent representations regarding Defendant No.2's financial condition, inducing the Plaintiff to

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## Facts

The Plaintiff is a registered partnership firm represented by its partner, Mr. Ashok Rekhi.

The Plaintiff claims to be the absolute and lawful owner of Flat Nos. N-57, N-58, N-59, N-60 and half of N-61 in Munshi Lal Building, New Delhi, acquired via a registered Sale Deed dated 29.05.2007.

Defendant No.2 is a company incorporated under the Companies Act, 1956, and is currently under liquidation/insolvency proceedings, impleaded as a proforma party.

Defendant No.1, Jasmeet Singh Marwah, was the Managing Director and a major shareholder of Defendant No.2 at the relevant time.

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## Issues and analysis

### Issue 1: Whether the plaint filed by the Plaintiff against Defendant No.1 is liable to be rejected under …

**Ratio:** The Court's power to reject a plaint under Order VII Rule 11 CPC is limited to the

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**Reasoning:** Defendant No.1 sought rejection of the plaint, arguing no personal liability and that he

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**Interpretation:** The Court cannot consider documents filed by the defendant (like the

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**Application:** A perusal of the plaint, including the averment of Defendant No.1's personal

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## Parties

- **Judges:** Subramonium…
- **Appellants:** CENTRAL COURT…
- **Respondents:** Defendant…; Jasmeet Singh…
- **Other parties:** IRP…
- **Advocates:** Aquib…; Amreen K…; +3 more

## Timeline

- **2007-05-29 — Ownership T…**: Ownership of the premises was transferred to…
- **2015-05-25 — Lease Deed Ex…**: A registered Lease Deed was executed between the Plaintiff and Defendant No.2 for the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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