ZEN LINEN INTERNATIONAL PVT LTD vs MS INDIA EXHIBITIONS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 10th October 2025 Pronounced on : 04th November 2025 + RFA (COMM) 506//2025 & CM APPL. 53205/2025 ZEN LINEN INTERNATIONAL PVT LTD .....APPELLANT Through: Mr. Abhik Kumar & Mr. Rinku Mathur, Advs. versus M/S. INDIA EXHIBITIONS .....RESPONDENT Through: Nemo. CORAM: HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J. 1. The instant appeal assails the impugned judgment dated 24th March 2025 passed by the District Judge (Commercial Court-01), East District, Karkardooma Courts, Delhi in CS (COMM) 219/2024, dismissing the suit of the appellant (original plaintiff) for recovery on the basis that appellant/plaintiff had failed to prove on record that they were entitled to recover a sum of Rs.7,86,101/- along with interest. Factual Background 2. The suit was filed for recovery of Rs.7,86,101/- along with interest by the appellant/plaintiff, who is engaged in the business of textile and fabrication work, while the respondent (original defendant) is in the business of managing events and exhibitions in India, as well as abroad. Appellant/Plaintiff approached the respondent/defendant on 24th May Signature Not Verified Digitally Signed RFA (COMM) 506/2025 1/12 By:MANISH KUMAR Signing Date:04.11.2025 11:13:02 2022 for organizing two stalls for booth fabrication work at ‘Heimtexil Expo’ to be held in Frankfurt, Germany from 21st June 2022 to 24th June 2022, for an amount of Rs.13,60,000/-, after which an advance of Rs.10,88,000/- was paid to the respondent/defendant. Case set up by appellant/plaintiff 3. Appellant/Plaintiff's case was that on reaching Frankfurt, Germany, they came to know that no arrangements were made by the respondent/defendant to set up the stall at the Expo, and