G.D.BUILDTECH PVT. LTD. vs M/S B.K ASSOCIATES & ORS.

Judgment text excerpt

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 03rd APRIL, 2025 IN THE MATTER OF: + RFA(COMM) 189/2025 G.D.BUILDTECH PVT. LTD. .....Appellant Through: Mr. Naveen K Sharma, Advocate versus M/S B.K ASSOCIATES & ORS. .....Respondents Through: Mr. Rohit Labh and Ms. Anjali Labh, Advocates for R-1. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT (ORAL) SUBRAMONIUM PRASAD, J. CM APPL. 19306/2025 (Exemption) Allowed, subject to all just exceptions. RFA(COMM) 189/2025, CM APPL. 19305/2025 1. Challenge in the present Appeal is to a Judgment and Decree dated 08.10.2024, passed by the learned District Judge, North West, Rohini Courts, in CS No.384/2022. By the said Order, the learned District Judge has decreed the suit, which was filed by the Respondent herein for recovery of Rs.5,80,855/- along with pendente lite and future interest, in favour of the Respondent herein. 2. Material on record discloses that the Defendant/Appellant herein, even after getting summons, failed to appear before the District Judge on Signature Not Verified Digitally Signed By:RAHUL SINGH RFA(COMM) 189/2025 Page 1 of 11 Signing Date:22.04.2025 16:08:59 11.05.2022 and have been proceeded ex-parte. Material on record further discloses that an application under Order IX Rule 7 of the CPC was filed on behalf of the Appellant herein and the same was dismissed vide Order dated 17.07.2023 and the Defence of the Appellant herein was also struck off. 3. The short ground on which the Appellant herein has challenged the Order dated 08.10.2024 is that the learned District Judge has proceeded ahead with the case without following the mandate of Section 12A of the Commercial Courts Act, 2015. Section 12A of the Commercial Courts Act mandates that