KASHIM AHMED vs HARISH KUMAR

Judgment text excerpt

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 01st April, 2026 + CM(M) 146/2025 & CM APPL. 4505/2025 KASHIM AHMED .....Petitioner Through: Mr. Keshav Ahuja and Ms. Shivali Sharma, Advocates. versus HARISH KUMAR .....Respondent Through: Mr. Rakesh Kumar, Advocate (through VC) along with respondent in person. CORAM: HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA ORDER (Oral) Rajneesh Kumar Gupta, J. 1. This hearing has been conducted through hybrid mode. 2. The present petition has been filed by the petitioner under Article 227 of the Constitution of India, 1950, assailing the order dated 16th December, 2024 passed by the learned Trial Court in CS (COMM.) No. 163/2023, whereby the application filed by the petitioner/defendant under Order XI Rule 5 of the Code of Civil Procedure, 1908 (‘CPC’) seeking directions to the respondent/plaintiff to produce his statement of account, has been dismissed. 3. Heard. Record perused. 4. Learned counsel appearing on behalf of the petitioner has argued that the trial Court has passed the impugned order on the basis of surmises and conjectures which is against the facts and law. The respondent had deliberately concealed the prior transactions to the said date and so, the Signature Not Verified Signed By:VAISHALI CM(M) 146/2025 Page 1 of 3 CHAUHAN Signing Date:02.04.2026 11:45:25 production of bank statements of the respondent’s business account is necessary in order to bring all the true facts on record. However, by dismissing the said application, the trial Court had deprived the petitioner of an opportunity to present all his necessary evidence for proper adjudication of the matter. On these grounds it is prayed that the impugned order be set aside. 5. Per contra, learned counsel for the respondent has argued that the trial