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august 2025

Delhi High Court · 2025-08-13

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

Citation / case number
CM(M)-1721/2023 2025:DHC:6892
Court
Delhi High Court
Petitioner
M/S JAI DURGA INDUSTRIES
Respondent
M/S PHOOL CHAND BHAGAT SINGH
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Judgment text excerpt

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,