SUDHIR AGARWAL vs TIRUPATI INDUSTRIES

Judgment text excerpt

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 19th March, 2025 + CM(M) 514/2025 & CM APPL. 15965-15967/2025 SUDHIR AGARWAL .....Petitioner Through: Mr. Rajat Gautam, Advocate. versus TIRUPATI INDUSTRIES .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is aggrieved by order dated 24.10.2024 passed by learned District Judge, Commercial Court – 05, Central District, Tis Hazari, whereby his application moved under Section 10 CPC has been dismissed. Said suit is at the stage of final arguments. 2. Petitioner is defending the abovesaid commercial suit and he himself had also filed a civil suit at Mathura. 3. The abovesaid application filed under Section 10 CPC was on the premise that the matter in issue in both the abovesaid suits, which are between the same parties, is directly and substantially the same and, therefore, the continuance of the suit in Delhi is against the principle laid down under Section 10 of CPC. 4. This Court has seen the copies of plaints of both such suits. 5. The suit, which is prior in time, is the one filed by the petitioner herein before the Court of learned Civil Judge, Senior Division, Mathura. As per the averments made in the abovesaid suit, the Signature Not Verified Digitally Signed CM(M) 514/2025 1 By:SONIA THAPLIYAL Signing Date:20.03.2025 16:47:39 plaintiff (petitioner herein) had accepted the proposal to become dealer and super stockist of defendant No.1 for Mathura city. 6. The prayers in the abovesaid suit is as under:- “a. That this Hon'ble Court may graciously decree the suit in favor of the plaintiffs for a mandatory injunction against the defendants, directing them to continue supplying goods to the plaintiffs' dealer/super stockist at Mathura without any in