EXCLUSIVE CAPITAL LTD. vs SILVER AND C.Z. INTERNATIONAL

Judgment text excerpt

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 02.05.2025 + RFA(COMM) 257/2025 EXCLUSIVE CAPITAL LTD. .....Appellant Through: Mr.Siddharth Yadav, Sr.Adv. with Mr.Manav Goyal, Ms.Zinnea Mehta, Mr.Abhishek Jaiswal, Mr.Manthan Dixit, Ms.Ritika Gusain, Ms.Jahnvi Gupta, Advs. versus SILVER AND C.Z. INTERNATIONAL .....Respondent Through: Nemo CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE RENU BHATNAGAR NAVIN CHAWLA, J. (ORAL) CM APPL. 26670/2025 (Exemption) 1. Allowed, subject to all just exceptions. RFA(COMM) 257/2025 2. This appeal has been filed, challenging the Judgment dated 05.03.2025 passed by the learned District Judge (Commercial-01), South District, New Delhi (hereinafter referred to as, „Trial Court‟) in CS (COMM.) No. 113/2025, titled Exclusive Capital Limited vs. Silver & C.Z. International, dismissing the application filed by the Signature Not Verified Digitally Signed RFA(COMM) 257/2025 Page 1 of 13 By:RENUKA NEGI Signing Date:08.05.2025 18:37:55 appellant herein seeking waiver of pre-litigation mediation stipulated by Section 12A of the Commercial Courts Act, 2015 (in short, „Act‟) and, consequentially, rejecting the plaint filed by the appellant. 3. The appellant has filed the above-mentioned suit before the learned Trial Court, praying for the following reliefs: “A. Pass a decree in favour of the Plaintiff and against the Defendant for an amount of Rs. 42,00,434.09/- (Rupees Forty Two Lakhs Four Hundred Thirty Four and Nine Paisa Only) as of 31.01.2025; and/or B. Pass a decree in favour of the Plaintiff and against the Defendant for pendente lite and future interest at the rate of 10 % per annum together with default interest at the rate of 2% per month and penal charges at the rate of 2% per month from 01.02.2025 till the dat