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

Judgment text excerpt

$~6 * 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 Signature Not Verified Digitally Signed RFA(COMM) 350/2025 Page 1 of 4 By:REYMON VASHIST Signing Date:19.12.2025 19:11:00 filed with a delay of 140 days. The grounds urged for seeking condonation of delay are as under: “2. That the appellant could not preferred the appeal within the period of limitation as the appellant was suffering from heavy financial loss as such he was under the verge of starvation which disabled the appellant to institute the appeal within period of limitation. The appellant is also illiterate and is unable to access the knowledge of law. 3. That the appellant prior to this appeal has also instituted the application under section 151 Code of Civil Procedure which was dis