M/S DOLLAR INDUSTRIES LTD. vs VARISH AGGARWAL

Judgment text excerpt

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 15th May, 2025 + RFA(COMM) 295/2025 M/S DOLLAR INDUSTRIES LTD. .....Appellant Through: Mr. Puneet Singh Bindra, Advocates. versus VARISH AGGARWAL .....Respondent Through: Mr. Ankit Jain, Sr. Advocate with Mr. Shantnu Aggarwal & Mr. Rohit, Advocates. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. CM APPL. 29704/2025 (for exemption) 2. Allowed, subject to all just exceptions. Application is disposed of. CM APPLs. 29703/2025(Condonation of delay) 3. This is an application under Section 151 of CPC for condonation of delay in filing the appeal. 4. For the reasons stated in the application, delay of 19 days in re-filing the appeal is condoned. 5. Application is disposed of. RFA(COMM) 295/2025 6. The present appeal has been filed by the Appellant under Section 13(1- A) of Commercial Courts Act, 2015 read with Order XLIII Rule 1A Signature Not Verified Signed By:NAMITA RFA(COMM) 295/2025 Page 1 of 6 DHYANI Signing Date:20.05.2025 10:42:10 (Summary judgement) read with Section 96 of Code Of Civil Procedure, 1908 challenging the impugned judgment/decree sheet dated 15th February, 2025 passed by the Ld. District Judge (Commercial Court)-05 Tis Hazari Courts, West Delhi in the following terms: “26. Plaintiff has sought decree for recovery of Rs.3,51,873/- alongwith 18% p-a. interest which according to plaintiff, he is entitled from the defendant after the credit notes of Rs.11,51,252/- is issued by the defendant against receipt of unsold goods. The issue regarding the entitlement of the plaintiff to the aforesaid amount or any other amount on account of return of unsold goods can only be effectively adjudicated, after the go