M/S MINOSHA INDIA LTD. vs M/S MISRA AUTOMATICS PVT. LTD.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Order reserved on : 27 February 2025 Order pronounced on: 03 March 2025 + FAO 226/2022 M/S MINOSHA INDIA LTD. .....Appellant Through: Ms. Sangeet Sondhi, Mr. Daksh Jain and Mr. Amit Patra, Advs. versus M/S MISRA AUTOMATICS PVT. LTD. .....Respondent Through: Mr. Rohit Chaudhary, Adv. + FAO 228/2022 M/S MINOSHA INDIA LTD .....Appellant Through: Ms. Sangeet Sondhi, Mr. Daksh Jain and Mr. Amit Patra, Advs. versus M/S MISRA AUTOMATICS PVT. LTD. .....Respondent Through: Mr. Rohit Chaudhary, Adv. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA ORDER 1. This common order shall decide the above-noted two appeals preferred by the appellant/plaintiff under Order XLIII Rule 1 read with Section 151 of the Code of Civil Procedure, 1908 [“CPC”]. These appeals assail the impugned order dated 28.07.2022, passed by the learned Additional District Judge-07, South-East, Saket Courts, New Delhi [“trial Court”] to the ditto effect separately in the two Signature Not Verified FAO 226/2022 & 228/2022 Digitally Signed By:PRAMOD Page 1 of 9 KUMAR VATS Signing Date:03.03.2025 20:39:14 suits between the same set of parties, whereby their applications filed in the two suits under Order IX Rule 9 of the CPC were dismissed. 2. Suffice it to state that two Civil Suits, viz., CS No. 6555/2016 and CS No. 6549/2016, for recovery of money were instituted by the appellant/plaintiff against the respondent. The facts and issues espoused by the same set of parties raise common questions of law and fact and can be conveniently disposed of by this common order. For the purpose of adjudication, FAO 1 No. 226/2022 shall be the lead appeal. 3. Shorn of unnecessary details, the two civil suits, which were at the stage of recording the plaintiff’s evidence, with PW-1 to be tend