NAYAB RAZA (PROPRIETOR OF NIZAMI GARMENT) vs NITISH JAIN (PROPRIETOR OF VEER FABTEX)

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 16.12.2025 RFA(COMM) 350/2025 & CM APPLs. 36505-06/2025 NAYAB RAZA (PROPRIETOR OF NIZAMI GARMENT) .....Appellant Through: Mr.Vijay Datt Gahtori, Ms.Vidya Bisht, Mr. Rishabh Rai, Mr.Shivam Gautam, Mr.Nitesh Kumar, Advs. versus NITISH JAIN (PROPRIETOR OF VEER FABTEX) .....Respondent Through: Mr.Ram Prakash Soni and Mr.Harish Kumar, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE MADHU JAIN NAVIN CHAWLA, J. (ORAL) 1. This appeal has been filed, challenging the Order and Decree dated 27.02.2024 passed by the learned District Judge (Commercial Court-04), Shahdara, Karkardooma Courts, Delhi (hereinafter referred to as ‘Trial Court’) in CS (COMM) No. 500/2023, titled Nitish Jain (Prop. of Veer Fabtex) v. Nayab Raza (Prof. of Nizami Garments), partly decreeing the Suit under Order XII Rule 6 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’) for a sum of Rs.2,49,905/- in favour of the respondent and against the appellant. 2. At the outset, we would note that the present appeal has been 2. That the appellant could not preferred the appeal within the period of limitation as the appellant was suff