M/S ASHOK AGGARWAL AND SONS vs AMROSE SINGAPORE PTE. LTD & ORS.

Judgment text excerpt

$~61 & 85 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 05th May, 2025 + CM(M) 823/2025 & CM APPL. 26910/2025 M/S ASHOK AGGARWAL AND SONS .....Petitioner Through: Mr. Dheeraj Gupta and Ms. Ritu Singh, Advocates. versus AMROSE SINGAPORE PTE. LTD & ORS. .....Respondent Through: Mr. Gautam Awasthi, Mr. Ayush Choudhary, Mr. Devanshu Yadav, Mr. Sameer Pandey, Advocates for R-2. 85 + CM(M) 844/2025 & CM APPL. 27170/2025 M/S JYOTI TIMBERS. .....Petitioner Through: Mr. Dheeraj Gupta and Ms. Ritu Singh, Advocates. versus AMROSE SINGAPORE PTE LTD & ORS. .....Respondent Through: Mr. Gautam Awasthi, Mr. Ayush Choudhary, Mr. Devanshu Yadav, Mr. Sameer Pandey, Advocates for R-2. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Since the question raised in both the aforesaid petitions is similar and identical, with the consent of the parties, both these petitions are being disposed of by this common order. 2. There are two suits pending before the learned District Judge, Signature Not Verified Digitally Signed CM(M) 823/2025 & CM(M) 844/2025 1 By:SONIA THAPLIYAL Signing Date:06.05.2025 14:58:46 (Commercial Court) concerned. One suit i.e. CS(Comm) No.380/2020 has been filed by M/s. Ashok Aggarwal and Sons and the other has been filed by M/s. Jyoti Timbers which bears number CS(Comm) No.258/2021. 3. The sole contesting defendant in both the abovesaid suits is Indian Bank. The other two defendants are ex-parte and their defence has been struck off. 4. The issues were framed in both the abovesaid suits on 04.03.2025 and the parties were directed to file their respective list of witnesses within 15 days and it was also clarified that in case no list of witnesses was filed, the parties would be permitted to only examine one witness each. 5. Admittedly, the lis