M/S GS MARBLES vs M/S SHREE GRANITES

* 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. 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 d