COMMERCIAL APPEAL No. 30 of 2025 at Allahabad

Reserved on : 26.11.2025 Delivered on : 26.02.2026 HIGH COURT OF JUDICATURE AT ALLAHABAD COMMERCIAL APPEAL No. - 30 of 2025 M/s Ishant Mines, through its Proprietor and another …..Appellant(s) Versus M/s Suyash Jaiswal through its Proprietor Shri Suyash Jaiswal …..Respondent(s) Counsel for Appellant(s) : Anurag Khanna (Sr. Adv.) with Gaurav Tripathi Counsel for Respondent(s) : Anoop Trivedi (Sr. Adv.) with Abhishek Tiwari, Saumitra Dwivedi Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J. (Per : Arun Bhansali, CJ) 1. This appeal, under Section 13 of the Commercial Courts Act, 2015 (‘the Act’), is directed against the judgment dated 05.06.2025 and decree dated 06.06.2025 passed by the Commercial Court, Gorakhpur in Commercial Case No. 5 of 2025 whereby the suit, filed by the respondent-plaintiff for a sum of Rs. 1,44,75,510/- was decreed along with interest @ 6 % per annum from the date of institution of the suit, i.e., 18.12.2023 till the date of payment. 2. The suit was filed by the plaintiff for recovery of amount on account of supply of sand. In the suit, it was inter alia claimed that the plaintiff initiated the process for recovery of hi