M/S MANDHAR MARKETING A PARTNERSHIP FIRM & ORS. vs SH. RAKESH GUPTA & ANR.

Judgment text excerpt

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 15.07.2025 + C.R.P. 32/2023 M/S MANDHAR MARKETING A PARTNERSHIP FIRM & ORS. .....Petitioners Through: Ms. Ankita Sharma, Adv. versus SH. RAKESH GUPTA & ANR. .....Respondents Through: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) CM APPL. 38514/2025[Restoration] CM APPL. 38515/2025[Condonation of delay in filing CM APPL. 38514/2025] 1. This Court had on 04.07.2025, after examining the matter, passed the following order: “2. The present Petition was filed under Section 115 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”] seeking to challenge the order dated 08.12.2022 passed by the learned District Judge (Commercial Court) – 1, South West, Dwarka Courts, New Delhi [hereinafter referred to as “Impugned Order”]. 3. Briefly the facts are that a suit for recovery being C.S. (Comm) No. 169/2019 captioned as Shri Rakesh Gupta vs. M/s Mandhar Marketing & Ors [hereinafter referred to as ‘suit’] filed under Section 6 of the Commercial Courts Act, 2015 [hereinafter referred to as the “CC Act”] was filed by the Respondent before the learned Trial Court. By the Impugned Order, an Application under Order VII Rule 11 of the CPC filed in the suit by the Petitioner was dismissed by the learned Trial Court. Signature Not Verified Digitally Signed C.R.P. 32/2023 Page 1 of 3 By:GEETA JOSHI Signing Date:16.07.2025 17:43:34 4. The record reflects that the Petition was dismissed in default and for non- prosecution by an order dated 07.08.2024 passed by a Coordinate Bench of this Court. 5. The attention of the learned Counsel for the Petitioners is drawn to the provisions of Section 8 of the CC Act, which sets out that no civil revision petition shall be entertained against a