M/S SHREE BALAJEE ENTERPRLSES AND ANR vs M/S MAHASHIAN DI HATTI (MDH) PVT LTD

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 07.11.2025 Judgment pronounced on: 10.11.2025 + CM(M) 926/2025 & CM APPL. 30278/2025 M/S SHREE BALAJEE ENTERPRISES AND ANR .....Petitioners Through: Mr. Nilkamal Chobey, Advocate. versus M/S MAHASHIAN DI HATTI (MDH) PVT LTD .....Respondent Through: Mr. Ojasvi Annadi Shambhu, Advocate. CORAM: HON'BLE MR. JUSTICE GIRISH KATHPALIA JUDGMENT 1. This petition, brought under Article 227 of the Constitution of India assails dismissal of application that was filed by the defendants (petitioners herein) under the provisions of Order VII Rule 11 CPC in the commercial suit for recovery of money. I have heard learned counsel for both sides. 2. The circumstances relevant for present purposes are briefly narrated below. CM(M) 926/2025 Page 1 of 13 pages Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6f GIRISH KATHPALIA b4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, Signature Not Verified serialNumber=d3e86796451ec45c07b5d15570996b40f80c bd2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2025.11.10 10:47:01 -08'00' Digitally Signed By:NEETU N NAIR Signing Date:10.11.2025 11:01:12 2.1 The plaintiff company (respondent herein), engaged in production and sale of spices from its registered office in Kirti Nagar, New Delhi filed a commercial suit against the present petitioners/defendants for recovery of Rs.44,88,637.03 with pendente lite and future interest, pleading as follows. The respondent/plaintiff and the petitioners/defendants are engaged in business of spices for past several years, the former supplying the spices to the latter. Based on invoices issued in the month of April 2022, the respondent