PNG TEXTILES PVT LTD vs SUDAN SINGH

Judgment text excerpt

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 24th April, 2025 + FAO 40/2019, CM APPL. 5205/2019, CM APPL. 51113/2019 & CM APPL. 2556/2025 PNG TEXTILES PVT LTD .....Appellant Through: Mr. Rohit Saini, Mr. Harris Idris & Mr. Suraj Tomar, Advs. versus SUDAN SINGH .....Respondent Through: Mr. Om Prakash and Mr. Prateek Gupta, Advs. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA DHARMESH SHARMA, J. (ORAL) 1. Having heard the learned counsels for the parties and on perusal of the record, this Court has no hesitation in holding that the present appeal instituted by the appellant/Judgment Debtor under Order XLIII Rule 1(d) of the Code of Civil Procedure, 1908 1 assailing the impugned judgment dated 04.12.2018 passed by the learned Trial Court, is bereft of any merits. 2. In a nutshell, the respondent/plaintiff filed a suit for recovery for an amount of Rs. 13,55,315/- against the appellant/defendant and the summons for settlement were duly served upon the appellant/defendant, so much so the written statement was filed on its behalf and the matter was taken up on different dates. Replication 1 CPC Signature Not Verified FAO 40/2019 Digitally Signed By:PRAMOD Page 1 of 3 KUMAR VATS Signing Date:29.04.2025 16:34:40 was also filed in the matter and issues were framed on 07.10.2018. It is also borne out from the record that the testimony of PW-1 on behalf of the respondent/plaintiff was recorded and since the learned counsel for the defendant was not available, matter was adjourned to 17.05.2016, subject to the cost of Rs. 2,000/- to be paid by appellant/defendant. 3. On the said date i.e. 17.05.2016, PW-1 was partly cross- examined and remaining cross-examination of PW-1 was deferred for 15.07.2016. Again, the matter was adjourned on the request of learned counsel