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

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 Applica