# M/S SWADESHI DHAM vs M/S MABEL APPAREL PVT LTD

Court: Delhi High Court
Date: 2025-08-21
Citation: CM(M)-1566/2025 2025:DHC:7243
Petitioner: M/S SWADESHI DHAM
Respondent: M/S MABEL APPAREL PVT LTD

[Official PDF on Delhi High Court website](https://delhihighcourt.nic.in/app/showFileJudgment/60921082025CMM15662025_153400.pdf)

## Judgment text (excerpt)

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 21st, August, 2025 CM(M) 1566/2025, CM APPL. 51546/2025, CM APPL. 51547/2025 & CM APPL. 51661/2025 M/S SWADESHI DHAM .....Petitioner Through: Mr. Narander Kalra, Adv. versus M/S MABEL APPAREL PVT LTD .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is aggrieved by order dated 14.01.2025 whereby its three applications have been dismissed. These are under Order VII Rule 11 CPC, Order IX Rule 7 CPC and under Section 5 of Limitation Act. 2. The facts lie in a very narrow compass. 3. The suit in question is a commercial suit and, despite the alleged service upon defendant, it never appeared before learned Trial Court and, therefore, it was proceeded ex-parte on 25.01.2023. 4. Fact, however, remains that on 18.07.2023 i.e. after more than a period of six months when it was proceeded ex-parte, defendant moved an application under Order VII Rule 11 CPC, contending that there was no cause of action in the matter. 5. During pendency of the abovesaid application, he moved another application under Order IX Rule 7 CPC praying therein that the ex-parte order 6. In its application m

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