M/S JANNAT TEXTILES vs ANIL KHAJANCHI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 06th August, 2025. Pronounced on: 19th August 2025. + RFA(COMM) 462/2025 & CM APPL. 48144/2025, CM APPL. 48145/2025, CM APPL. 48146/2025, CM APPL. 48147/2025 M/S JANNAT TEXTILES .....APPELLANT Through: Mr. Harish Pandey & Mr. Anshuman Tiwari, Advocates. versus ANIL KHAJANCHI .....RESPONDENT Through: None. CORAM: HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J. 1. This appeal seeks setting aside of impugned order and decree dated 30th April 2025, passed by the District Judge (Comm.), North, Rohini Courts, Delhi in CS (COMM.) No.14/2018 (‘suit’). The suit was decreed in favour of respondent (hereinafter referred to as ‘plaintiff’) for a sum of Rs.25,30,028/- along with cost and pendente lite interest at the rate of 9% per annum till realization against the appellant (hereinafter referred to as ‘defendant’). The aforesaid suit was filed under Order XXXVII of Code of Signature Not Verified Digitally Signed RFA(COMM) 462/2025 1/9 By:MANISH KUMAR Signing Date:21.08.2025 11:02:04 Civil Procedure, 1908 (‘CPC’) for recovery of the said amount with pendente lite interest at the rate of 18% per annum. Brief factual background 2. Plaintiff had filed the said suit claiming amounts due from defendant arising out of business transactions between them. Plaintiff is engaged in the wholesale business of fabrics under the name and style of M/s Shree Shyam Textiles, having its office at 10/233, Gali. No., Ram Nagar, Gandhi Nagar, Delhi-110031. According to the plaintiff, defendant was one of its clients, and they had been doing regular business for many years. The defendant used to make payments upon delivery of fabrics to his place and thereafter bills were raised, which bore the rece