ABC INFOSYSTEMS PRIVATE LIMITED & ANR. vs ABS INDIA PRIVATE LIMITED

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 17.04.2025 + RFA(COMM) 68/2024 and CM APPLs. 11406-07/2024 ABC INFOSYSTEMS PRIVATE LIMITED & ANR ..... Appellants Versus ABS INDIA PRIVATE LIMITED ..... Respondent Advocates who appeared in this case: For the Appellants : Mr Satish Kumar, Advocate. For the Respondent : Mr Prakhar Dixit and Mr Samvel Mashih, Advocates. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT VIBHU BAKHRU, J 1. The appellants have filed the present appeal under Section 96 of the Code of Civil Procedure, 1908 [CPC] read with Section 13(1A) of the Commercial Courts Act, 2015 [CC Act] impugning a judgment dated 02.12.2023 [impugned judgment] in CS(COMM) 751/2021 captioned ABS India Private Limited v. ABC Infosystems Private Limited. In terms of the impugned judgment, the learned Commercial Court decreed the aforesaid suit for a sum of ₹9,54,094/- along with simple interest at the rate of 7% per annum from 01.01.2020 till its realization in favour of the respondent [hereafter the plaintiff] and Signature Not Verified Digitally Signed By:GANGA SINGH RAWAT RFA(COMM) 68/2024 Page 1 of 10 Signing Date:18.04.2025 10:56:36 against appellant no.1 [ABC Infosystems Private Limited – hereafter the defendant]. 2. The learned counsel for the defendant has confined the present appeal for assailing the impugned judgment on two grounds. First, that the suit was barred by law as the plaintiff had not engaged with the defendants in a pre-institution mediation as mandated under Section 12A of the CC Act. And second, that the learned Commercial Court had erred in accepting an amount of ₹3,88,294/- as payable by the defendant to the plaintiff on account of failure to furnish the Form-C for availing the concessional rate of s