STRIX LTD vs MAHARAJA APPLIANCES LIMITED

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 403/2018, I.A. 39008/2024, I.A. 39009/2024, I.A. 39010/2024 & I.A. 43736/2024 STRIX LTD. .....Plaintiff Through: Ms. Anuradha Salhotra, Mr. Anirudh Bakhru, Ms. Ekta Sarin, Mr. Zeeshan Khan, Mr. Amit Ranjan and Ms. Vijay Laxmi Rathi, Advocates Email: [email protected] versus MAHARAJA APPLIANCES LIMITED .....Defendant Through: Mr. Sudhanshu Batra, Mr. Arvind K Gupta, Mr. Rahul Mangla, Mr. Abhishnmaet Gupta, and Mr. Arun, Advocates Mob: 9899969669 Email: [email protected] CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA JUDGMENT % 11.02.2025 MINI PUSHKARNA, J: I.A. No. 39008/2024 (Seeking setting aside of ex-parte judgment and decree dated 20th October, 2023) I.A. No. 39009/2024 (Seeking condonation of delay of 110 days in re- filing the application) I.A. No. 39010/2024 (Seeking condonation of delay of 156 days filing the application) Signature Not Verified Digitally Signed CS(COMM) 403/2018 Page 1 of 28 By:AMAN UNIYAL Signing Date:11.02.2025 19:30:24 I.A. 43736/2024 (Seeking stay of execution proceedings before the Trial Court) 1. The present suit was decreed ex-parte in favour of the plaintiff and against the defendant vide judgment dated 20th October, 2023, whereby, this Court had awarded damages to the tune of Rs. 50,00,000/- and costs to the tune of Rs. 31,44,925/-, in favour of the plaintiff payable by the defendant, within three months of passing of the decree, failing which, the plaintiff was entitled to recover the said amount along with 7% simple interest from the date of the judgment. 2. I.A. No. 39008/2024 has been filed by the defendant/ applicant under Order IX Rule 13, read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”), seeking to set aside the ex-parte judgement and decree dated