COTTAGE INDUSTRIES EXPOSITION LTD. vs DINESH DAYAL & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 16.01.2026 Judgment pronounced on: 03.02.2026 Judgment uploaded on: 03.02.2026 + RFA(COMM) 56/2025 COTTAGE INDUSTRIES EXPOSITION LTD. .....Appellant Through: Mr. Anunaya Mehta, Mr. Inder S. Adhikari and Mr. Vidhan Malik, Advocates. versus DINESH DAYAL & ORS. .....Respondents Through: Mr. Sunil Mittal, Senior Advocate with Ms. Seema Seth, Advocate. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN JUDGMENT ANIL KSHETARPAL, J. 1. Through the present Appeal, the Appellant [Defendant before the Commercial Court] assails the judgment and decree dated 23.10.2024 [hereinafter referred to as „Impugned Judgment‟] passed by the learned District Judge (Commercial), Patiala House Courts, New Delhi [hereinafter referred to as „Commercial Court‟], in CS (COMM.) No. 167/2023 captioned Dinesh Dayal and Ors. v. Cottage Industries Exposition Ltd., whereby the suit filed by the Respondents [Plaintiffs before the Commercial Court] was decreed under Order XIII-A of the Code of Civil Procedure, 1908 [hereinafter referred to as „CPC‟] as applicable to commercial disputes, in favour of the Signature Not Verified Signed By:JAI NARAYAN Signing Date:03.02.2026 RFA(COMM) 56/2025 Page 1 of 14 13:08:08 Respondents, for a sum of ₹12,97,540/- along with pendente lite and future interest @ 12% per annum from the filing of the suit till realization of amount along with costs. 2. At the outset, it would be apposite to notice the factual background giving rise to the present appeal. 3. The Appellant is a company engaged in the business of tourism and handicrafts and was inducted as a tenant in respect of a commercial premises situated at Flat No. 1-E, First Floor, DCM Building, 16, Barakhamba Road, New Delhi, al