MOHINDER KUMAR GANDHI vs PRAVEEN KUMAR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 21st August 2025 Pronounced on : 08th October 2025 + RFA(COMM) 489/2025 & CM APPL. 51518/2025, CM APPL. 51519/2025 MOHINDER KUMAR GANDHI .....Appellant Through: Mr. Pinaki Addy, Ms. Neetu Singh, Mr. Dheeraj Kumar, Ms. Jyoti, Mr. Ankur Sharma and Mr. Rahul Kumar, Advs. versus PRAVEEN KUMAR .....Respondent Through: Nemo CORAM: HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J. 1. The present appeal has been filed under Section 13 of the Commercial Courts Act, 2015 (‘CC Act’) read with Section 96 of the Code of Civil Procedure, 1908 (‘CPC’), by Appellant (original plaintiff), Shri Mohinder Kumar Gandhi, Proprietor of M/s Capital Plastic House, assailing the judgment and decree dated 14th May 2025, passed by the learned District Judge (Commercial Court)-02, Central District, Tis Hazari Courts, Delhi in CS (COMM) No. 1032/2024, titled “Mohinder Kumar Gandhi v Praveen Kumar”. Signature Not Verified Digitally Signed RFA(COMM) 489/2025 Page 1 of 18 By:MANISH KUMAR Signing Date:08.10.2025 12:45:10 Factual Matrix 2. Appellant/plaintiff is the proprietor of M/s Capital Plastic House, engaged in the business of selling polycarbonate sheets, like PVC sheets and sunboard sheets. Respondent/defendant, Shri Praveen Kumar, is the proprietor of M/s Pioneer Polyplast, carrying on a similar business. 3. Respondent/defendant approached him for supply of various kinds of polycarbonate sheets, PVC Sheets and related items. The said goods were alleged to be supplied to respondent/defendant, and two invoices dated 31st July 2021 and 07th August 2021 were raised. 4. It was the case of appellant/plaintiff that multiple invoices were raised towards supply of goods, and as on 7th August 2021, an