M/S JAI DURGA INDUSTRIES vs M/S PHOOL CHAND BHAGAT SINGH

Judgment text excerpt

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 13th August, 2025 + CM(M) 1721/2023 & CM APPL. 54657/2023 M/S JAI DURGA INDUSTRIES .....Petitioner Through: Mr. Amar Nath Saini with Mr. Karan Gupta, Advocates. versus M/S PHOOL CHAND BHAGAT SINGH .....Respondent Through: Mr. Sanjay Kumar Verma with Mr. Amit Kumar, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is defending a suit which is commercial in nature. 2. The suit was filed under summary procedure and the learned Trial Court has granted conditional leave to defend to the defendant, thereby directing defendant to submit a bank guarantee for a sum of Rs. 40,00,000/- within a period of 90 days. 3. Such order is under challenge. 4. According to petitioner, the order is self-contradictory as learned Trial Court, itself, recorded in the impugned order that there were triable issues with respect to the territorial jurisdiction and it also observed that there was also a question mark with respect to the transactions in question which could only be clarified and explained during the trial. 5. It is argued that in view of the abovesaid specific observations made by the learned Trial Court, it was a fit case for grant of unconditional leave to defend. 6. It is noticed that when the present petition was taken up by this Court on 19.10.202, though no stay of proceedings was given, there is no headway in the abovesaid suit as it, reportedly, continues to be at the same stage. Signature Not Verified Digitally Signed CM(M) 1721/2023 1 By:DINESH CHANDRA Signing Date:14.08.2025 15:41:54 7. The plaintiff is seeking recovery of Rs. 81,14,860/- and according to plaintiff, the defendant had been purchasing goods/items from them and as per their statement of account, the abovesaid