SHRI SUNIL PASRICHA & ANR. vs SHRI SHIVAM GUPTA

Judgment text excerpt

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 23rd May, 2025 + CM(M) 1972/2024 & CM APPL. 26488/2025& CM APPL. 26561/2025 SHRI SUNIL PASRICHA & ANR. .....Petitioner Through: Mr. N.S. Dalal, Ms. Nidhi Dalal, Mr. Alok Kumar, Ms. Rachana Dalal and Mr. Karan Mann, Advocates versus SHRI SHIVAM GUPTA .....Respondent Through: Mr. M. Zohaib with Mr. Karan Kataria, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioners are defending a suit which is commercial in nature. 2. According to plaintiff (respondent herein), the defendants approached him and as per discussion, which took place between them, plaintiff sent a quotation to them and pursuant to further discussions, defendants placed purchase order and in due course of business, the goods, as per the specification and requirement of defendants, were supplied to them. 3. The suit is with respect to the outstanding dues, towards such supply. 4. The suit has been resisted and according to defendants, the goods which were supplied by the plaintiff were defective and of inferior quality, which resulted into huge losses to them and, therefore, such recovery has been denied and disputed. 5. Issues have already been framed and when the case was at the stage of recording of evidence of plaintiff and when the plaintiff had submitted its Signature Not Verified Digitally Signed CM(M) 1972/2024 1 By:SONIA THAPLIYAL Signing Date:24.05.2025 15:34:51 affidavit in this regard, he moved an application under Order XI Rule 1 (5) CPC seeking permission to place on record certain additional documents. 6. Learned Trial Court vide order dated 18.01.2024 has allowed the abvoesaid application. 7. Such order is under challenge. 8. Order XI Rule 1(5) reads as under:- “1. Disclosure and discovery of do