M/S RNT METALS PVT. LTD vs RAKA OVERSEAS

Judgment text excerpt

$~90 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 27th, August, 2025 + CM(M) 1235/2025 & CM APPL. 41673-41675/2025 M/S RNT METALS PVT. LTD .....Petitioner Through: Mr. Mayank Rustagi with Ms. Astuti Verma, Advocates. versus RAKA OVERSEAS .....Respondent Through: Mr. Himanshu with Ms. Shikha Soni Nagpal, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The point raised in the present petition is very short. 2. Petitioner is defending a recovery suit which is commercial in nature and aggrieved by dismissal of their application moved under Order XVIII Rule 17 vide which they sought seeking recall of PW1-Mr. Saurabh Jain, the proprietor of plaintiff-Company, who had already entered into witness box and had been cross-examined. 3. It is submitted that during the pendency of suit in question and, before the cross-examination, the plaintiff was served with a notice under Order XII Rule 8 CPC in which, inter alia, the request was to produce various GST invoices and Returns with respect to the transactions in question. 4. The request of the defendant is, merely, to the effect that he may be permitted to put few more questions to said witness which relates to such GST invoices and Returns only. It is argued that these documents were never produced by the plaintiff and, since now, at a later stage, the plaintiffs are seeking to summon GST official and want to call their record, there is a necessity of putting further questions to PW-1. Signature Not Verified Digitally Signed CM(M) 1235/2025 1 By:DINESH CHANDRA Signing Date:28.08.2025 17:19:14 5. Learned counsel for respondent/plaintiff, however, draws the attention of the Court toward cross-examination of PW-1, Mr. Saurabh Jain. 6. When he graced the witness box on 08.10.2024, Mr. Jain wa