EAST WEST PRODUCTS LIMITED vs VIJANI EXIM EVT LTD & ORS.

Judgment text excerpt

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 02.05.2025 + C.R.P. 131/2025 & CM APPL. 26512/2025 EAST WEST PRODUCTS LIMITED .....Petitioner Through: Mr. Kausik Chatterjee Samridhi, Advocate. versus VIJANI EXIM EVT LTD & ORS. .....Respondents Through: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) 1. The present Petition has been filed on behalf of the Petitioner under Section 115 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”] against the order dated 24.02.2025 passed by learned District Judge- 06, East Delhi, Karkardooma Courts, Delhi [hereinafter referred to as “Impugned Order”]. By the Impugned Order, the Application under Order XII Rule 6 of the CPC filed by the Petitioner has been dismissed. 2. The only ground that is raised before this Court by the Petitioner is that the audited balance sheet for the financial year 2012-13 to 2015-2016 as filed by the Respondent No .1 shows an admission, and thus, the Application under Order XII Rule 6 of the CPC filed by the Petitioner was wrongly dismissed by the learned Trial Court. 3. The contention that is raised by the Petitioner before this Court was Signature Not Verified Digitally Signed By:JAI NARAYAN Signing Date:14.05.2025 C.R.P. 131/2025 Page 1 of 7 11:23:42 also raised by him before the learned Trial Court. It was stated therein that the audited balance sheet for the Financial Years 2012-13 to 2015-16 has listed the Plaintiff (Petitioner before this Court) as a “sundry creditor” and this admission forms the basis of the suit and there is no genuine dispute regarding the admitted amount. 4. The learned Trial Court examined the Application under Order XII Rule 6, CPC filed by the Petitioner and the law in this behalf and gave a finding that the Re