HARISH MITTAL vs KISHAN GOPAL RATHI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 15.12.2025 Judgment delivered on: 22.12.2025 + FAO (COMM) 247/2024 & CM APPL. 75267/2024 HARISH MITTAL .....Appellant versus KISHAN GOPAL RATHI .....Respondent Advocates who appeared in this case: For the Appellant : Mr. Vikas Khatri and Mr. Manas Khatri, Advocates. For the Respondent : Mr. Pankaj Garg and Mr. Basab Sengupta, Advocates. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGMENT TUSHAR RAO GEDELA, J. 1. Present appeal has been filed under Order 43 Rule 1 of CPC, 1908 against the order dated 22.11.2024 passed by the learned District Judge (Comm.), Karkardooma Courts, Delhi in Misc. DJ No.583/2024 titled Harish Mittal vs. Kishan Gopal Rathi whereby the application of the appellant/defendant under Order IX Rule 13, CPC read with Section 151, CPC, 1908 seeking setting aside of the ex parte decree and judgement dated 17.05.2023 passed in CS(COMM) 535/2021 titled Shri Kishan Gopal Rathi vs. Shri Harish Mittal was dismissed. The present appeal also assails the ex parte decree and judgement dated 17.05.2023 whereby the suit was decreed in favour of the respondent/plaintiff for an amount of Rs.7,72,526/- along with FAO(COMM) 247/2024 Signature Not Verified Page 1 of 16 Digitally Signed By:YASHRAJ Signing Date:22.12.2025 17:02:44 pendente lite and future interest @ 9% per annum till its realization; with costs and expenses. 2. In December, 2021, a suit bearing CS(COMM) 535/2021 for recovery of a sum of Rs. 7,72,526/- was filed by the respondent/plaintiff against the appellant/defendant before the learned District Judge, Karkardooma Courts, Delhi. Summons of the recovery suit were issued upon the appellant/defendant returnable on 01.02.2022. However, the appellant/defendant remai