AHMED RAZA vs NITISH JAIN

Judgment text excerpt

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 17.03.2025 + RFA(COMM) 512/2024 & CM APPL. No.75412/2024 AHMED RAZA .....Appellant Through: Mr. Fahim Khan, Adv. Versus NITISH JAIN .....Respondent Through: Mr. Ram Prakash Soni, Adv. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TEJAS KARIA VIBHU BAKHRU, J. (Oral) 1. The appellant has filed the present appeal impugning an order dated 04.09.2024 [the impugned order] passed by the learned Commercial Court in a suit involving a commercial dispute being CS(COMM) 314/2024 captioned Nitish Jain v. Ahmed Raza. 2. In terms of the impugned order, the learned Commercial Court allowed the application filed by the respondent [plaintiff in CS(COMM) 314/2024] under Order XII Rule 6 of the Code of Civil Procedure, 1908 [ the CPC] seeking a decree on admission. 3. The respondent [hereafter also referred to as the plaintiff] had filed the aforementioned suit [being CS(COMM) 314/2024] for recovery of a sum of ₹14,74,236/- along with interest from the date of institution of the Signature Not Verified Digitally Signed By:TARUN RANA Signing Date:25.03.2025 RFA(COMM) 512/2024 Page 1 of 6 13:24:04 suit till the realisation of the amount. 4. The plaintiff claimed that it had supplied garments/fabric to the appellant [hereafter also referred to as the defendant] in the normal course of business and a sum of ₹14,74,236/- was outstanding and payable by the defendant. The plaintiff claimed that it had served a legal notice dated 07.03.2024 on the defendant calling upon him to clear the outstanding amount but the defendant had failed and neglected to do so. 5. The defendant had filed a written statement claiming that he had made several payments to the plaintiff, which were not reflected in the statement of accounts f