CRITICALOG INDIA PRIVATE LTD vs DELTA FREIGHT SYSTEM & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 14th October 2025 + CS(COMM) 624/2023 & CCP(O) 110/2024, I.A. 5020/2024 CRITICALOG INDIA PRIVATE LTD .....Plaintiff Through: Mr. Tishampati Sen, Ms. Riddhi Sancheti, Mr. Anurag Anand and Mr. Mukul, Advocates versus DELTA FREIGHT SYSTEM & ANR. .....Defendants Through: None % CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA JUDGMENT MANMEET PRITAM SINGH ARORA, J: CS(COMM) 624/2023 I.A. No. 5020/2024 1. The Plaintiff has filed the present suit under Order XXXVII Rules 1 and 2 of the Code of Civil Procedure, 1908 [‘CPC’] seeking recovery of principal amount of ₹1,96,97,325/- along with interest amount of ₹38,29,859/- calculated at the rate of 2% per month as on 21.08.20231, from both Defendant No. 1, a sole proprietorship firm engaged in consignment shipping and operating through the networks of logistics companies like the Plaintiff, as well as Defendant No. 2, being the proprietor of Defendant No. 1 who is responsible for its day-to-day operations, communications, and 1 The date upto filing of the suit. Signature Not Verified CS(COMM) 624/2023 Signed By:MAHIMA Page 1 of 19 SHARMA Signing Date:16.10.2025 11:53:55 liabilities. The Plaintiff also claims interest at 2% per month for pendente lite and future interest, until realization. Factual Matrix 2. Facts stated in the plaint are as follows: - 2.1 In July 2022, the Defendants approached the Plaintiff, to utilize its logistics network for transporting sensitive consignments, which the Plaintiff accepted with the intent of a long-term business association. Commercial transactions began in the last week of July 2022, and although formal agreements dated 31.07.2022 and 01.09.2022 were sent by the Plaintiff, the Defendants delayed signing them. Nonetheless, th