M/S GS MARBLES vs M/S SHREE GRANITES

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 15.07.2025 + RFA(COMM) 83/2023 & CM Nos. 22970/2023, 22971/2023 & 22973/2023 M/S GS MARBLES .....Appellant versus M/S SHREE GRANITES .....Respondent Advocates who appeared in this case: For the Appellant : Mr. Dikshant Khanna, Advocate. For the Respondent : Mr. Jitin Mann, Advocate with AR of the Respondent. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J 1. The Appellant has filed the present Appeal against the judgment and decree dated 02.03.2023 (“impugned judgment”) passed by the learned District Judge (Commercial Court)-02, Tis Hazari Court, Delhi, (“Trial Court”) in CS (COMM) No. 496/2021 titled “M/S Shree Granites v. M/S G.S. Marbles” (“Suit”) and against the Orders dated 11.07.2022 and 23.09.2022 passed by the learned Trial Court. Signature Not Verified RFA(COMM) 83/2023 Page 1 of 15 Signed By:NEELAM SHARMA Signing Date:15.07.2025 13:42:21 2. Vide Order dated 11.07.2022, the learned Trial Court closed the right of the Appellant to file the Written Statement and the Appellant was proceeded ex-parte. Vide Order dated 23.09.2022, the learned Trial Court set aside the said Order dated 11.07.2022. However, the learned Trial Court further observed that since the period of 120 days for filing the Written Statement was already over, the Appellant’s right to file the same was closed. 3. Vide the impugned judgment, the learned Trial Court has decreed the Suit in favour of the Respondent and against the Appellant for ₹6,26,617/- (Rupees Six Lakh Twenty-Six Thousand Six Hundred Seventeen) along with interest @ 18% p.a. till the date of filing of the Suit and interest @ 12% p.a. from the date of institution of Suit till realization. FACTUAL MATRIX 4. The Respond