GURMEET SINGH SACHDEVA vs SKYWAYS AIR SERVICES PVT. LTD

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 27th January, 2025 Pronounced on: 08th May, 2025 + CM(M) 147/2024 & CM APPL. 4557/2024 (Stay) GURMEET SINGH SACHDEVA .....Petitioner Through: Mr. R. K. Trakru, Adv versus SKYWAYS AIR SERVICES PVT. LTD .....Respondent Through: Mr. Kamal Gupta & Mr. Neeraj Gupta, Advs. CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT RAVINDER DUDEJA, J. 1. The present petition has been filed Article 227 of the Constitution of India against the order dated 12.10.2023 (impugned order) passed by the court of learned District Judge, Commercial Court-03 (Central), Tis Hazari Courts, Delhi in CS (Comm.) No. 886/2020, tilted “Skyways Air Services Pvt. Ltd. Vs. Gurmeet Singh Sachdeva”, whereby, the application under Order 7 Rule 11 of the Code of Civil Procedure, 1908 [“Code”] filed by the petitioner Gurmeet Singh Sachdeva was dismissed with cost of Rs. 5000/-. 2. Briefly stated, the facts of the present case are that respondent/plaintiff filed a Suit against the petitioner/defendant for recovery of sum of Rs. 21,28,478/- (Rs. 18,03,795/- as principal and Rs. 3,24,683/- as interest), alleging that petitioner took the logistic services of the CM (M) 147/2024 Page 1 of 11 Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Date:08.05.2025 16:37:22 respondent and sent goods of his clients to foreign destinations through respondent by air but has failed to make the above said payment for the same, which is now outstanding against the petitioner. 3. Petitioner filed his Written Statement in the Suit. In his written statement, while contesting the claim of the respondent, petitioner also raised various preliminary legal objections against the maintainability of the suit. One such objection in the written statement was that th