R.K ELECTRICAL INDUSTRIES INDIA PVT. LTD. AND ORS vs M/S RISHABH INDUSTRIES

Judgment text excerpt

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 1st April, 2026 Uploaded on: 6th April, 2026 + RFA(COMM) 406/2025 & CM APPL. 44328/2025, CM APPL. 49416/2025, CM APPL. 62547/2025 R.K ELECTRICAL INDUSTRIES INDIA PVT. LTD. AND ORS .....Appellants Through: Mr. Rajat Aneja, Mr. Karan Deep Singh and Mr. Rishabh Mishra, Advs. versus M/S RISHABH INDUSTRIES .....Respondent Through: Mr. Vijay Kumar Gupta and Mr. Mehul Gupta, Advs. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. The present appeal under Section 96 of the Civil Procedure Code, 1908 arises out of the impugned judgment and decree dated 6th March, 2025 passed by the ld. District Judge (Commercial), Tis Hizari, Delhi by which the suit of the Respondent/Plaintiff, being CS(Comm.) No. 76/2023, has been decreed under Order 12 Rule 6 CPC, against the Appellant/Defendant in the following terms: “31. Accordingly, the suit of the plaintiff is decreed in favour of the plaintiff and against defendant no. 1 only, under order 12 rule 6 CPC for outstanding amount of Rs. 1,08,30,382/- (including principal amount of Rs. 60,02,225/- and interest of Rs. 48,28, 157/- @ 18% per annum till 29-09-2022) along with interest @ 18% per annum w.e.t'. 30-09-2022 till Signature Not Verified Signed By:RENUKA NEGI Signing Date:06.04.2026 RFA(COMM) 406/2025 Page 1 of 9 10:09:30 realization along with costs of the suit.” 3. The case of the Appellant is that there were two connected suits that were filed before the same Court, details whereof are as under: (i) CS (Comm.) No. 76/2023 titled M/s. Rishabh Industries v. M/s R. K. Electrical Industries (India) Pvt. Ltd. & Anr. (ii) CS (Comm.) No. 433/2023 titled M/s RK Electrical Industries India Pvt Lt