VINOD GARG vs KAMLESH MEHTA ( SINCE DECEASED) THROUGH HER LRS.

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 21.04.2025 + FAO (COMM) 209/2024, CM APPL. 61580/2024 & CM APPL. 61582/2024 VINOD GARG .....Appellant Through: Mr. Chandan Mishra, Mr. Rajesh Kr. Pandit, Mr. Satinder Tiwari, Advocates. versus KAMLESH MEHTA ( SINCE DECEASED) THROUGH HER LRS. .....Respondents Through: Mr. Kunal Srivastava, Advocate for LRs of Respondent. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TEJAS KARIA VIBHU BAKHRU, J. 1. The appellant [plaintiff] has filed the present appeal under Section 13 of the Commercial Courts Act, 2015, inter alia, impugning an order dated 23.04.2024 [impugned order] passed by the learned Commercial Court whereby the plaintiff’s application under Order IX Rule 9 of the Code of Civil Procedure, 1908 [CPC] for restoration of the suit preferred by the plaintiff [being CS(COMM) 66/2020] captioned Vinod Garg v. Kamlesh Mehta, was dismissed. 2. The plaintiff had filed the afore-mentioned suit seeking a decree for recovery of ₹14,30,000/- along with interest as well as a decree for damages quantified at ₹36,54,398/-. The respondent [defendant] had leased a property described as entire ground floor of built up property