BRIGHT WESTECH SOLUTION PVT. LTD. AND ANR vs NAUSHAD MALIK

Judgment text excerpt

$~88 & 98 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 08th August, 2025 + CM(M) 1473/2025 & CM APPL. 48596/2025 & CM APPL. 48597/2025 BRIGHT WESTECH SOLUTION PVT. LTD. AND ANR .....Petitioner Through: Mr. Yogesh Sharma and Mr. Vijay Kumar Gupta, Advocates versus NAUSHAD MALIK .....Respondent Through: None + CM(M) 1479/2025 & CM APPL. 48860/2025 & CM APPL. 48861/2025 BRIGHT WESTECH SOLUTION PVT. LTD. AND ANR .....Petitioner Through: Mr. Yogesh Sharma and Mr. Vijay Kumar Gupta, Advocates versus NAUSHAD MALIK .....Respondent Through: None CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioners are defending commercial suits and are aggrieved by order (s) whereby their request for appointment of Local Commissioner has been denied. 2. The suits were, though, filed this year only but have now reached the stage of final arguments. Signature Not Verified Digitally Signed CM(M) 1473/2025 & CM(M) 1479/2025 1 By:SONIA THAPLIYAL Signing Date:12.08.2025 13:30:53 3. Respondent i.e. plaintiff Mr. Naushad Malik has filed suits seeking recovery. According to him, batteries were purchased from him by the defendants on different dates and the payment thereof is pending. 4. Defendants, though, do not dispute the supply of the batteries but according to them, the batteries were defective and it even raised two debit-notes but since the batteries were never replaced, there is no liability to pay the suit amount. 5. Defendants moved the aforesaid applications seeking appointment of Local Commissioner and they wanted the Local Commissioner to go to their store and to prepare an inventory and also to report whether the batteries, which are reportedly 9000 in number, are faulty or not. 6. Keeping in mind the respective stand taken in the pleadings, this Cour