DEVENDER KUMAR SHARMA vs RAMESH ARORA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 10th November 2025 Pronounced on : 28th November 2025 Uploaded on : 28th November 2025 + RFA(COMM) 603/2025 & CM APPL. 67281/2025, CM APPL. 67282/2025 DEVENDER KUMAR SHARMA S/O LATE SH. CHAND RAM SHARMA 6/189, SECTOR-2, RAJENDER NAGAR, SAHIBABAD, GHAZIABAD, U.P .....Appellant Through: Mr. S.P. Gairala and Mr. V.K. Sharma, Advs. versus RAMESH ARORA 3404, GALI LALLU MISSAR QUTAB ROAD, SADAR BAZAR DELHI - 110006 .....Respondent Through: Mr. Suresh Kumar Sharma and Mr. Shubham Sharma, Advs. CORAM: HON’BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON’BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J. 1. This appeal assails the impugned judgment and decree dated 25th April 2024, passed by the District Judge, Commercial Court, Tis Hazri Courts, Delhi in CS (COMM) No. 535/2023, by which the suit filed by respondent [original plaintiff] was decreed for Rs. 7,48,850/- against the appellant [original Signature Not Verified Digitally Signed By:MANISH KUMARRFA (COMM) 603/2025 1 of 16 Signing Date:28.11.2025 11:52:15 defendant] with simple interest @ 9 % per annum from 15th July 2022 till realization, along with costs. 2. Decree was passed by the Trial Court ex parte, decreeing the suit in favor of the respondent/plaintiff. Pursuant to which appellant/defendant filed an application under Order IX Rule 13 of the Code of Civil Procedure, 1908 (‘CPC’) on 03rd June 2025, for restoring the original suit and setting aside ex parte decree. Vide order dated 5th August 2025 [Misc.DJ No.470/2025], the application under Order IX Rule 13 of CPC was dismissed. Factual Background 3. Respondent/plaintiff filed a suit for recovery of principal amount of Rs. 7,48,850/- along with interest of Rs. 2,17,152/- calculated at 12% per annum w.e.f. 16th Oct