SHAKIR vs PREMIER CARWORLD PRIVATE LIMITED

Judgment text excerpt

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 27th January, 2026 + CM(M) 201/2026 SHAKIR .....Petitioner Through: Mr. Ankur Singhal, Advocate. versus PREMIER CARWORLD PRIVATE LIMITED .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA ORDER (Oral) Rajneesh Kumar Gupta, J. 1. This hearing has been conducted through hybrid mode. CM APPL. 5413/2026 (for exemptions) 2. Allowed, subject to all just exceptions. 3. Accordingly, the application is disposed of. CM(M) 201/2026 4. The present petition has been filed by the petitioner under Article 227 of the Constitution of India, 1950, assailing the order dated 20th November, 2025, passed by learned trial court in CS (COMM) No. 634/2022, whereby an application under Order XVI Rule 1 read with Rule 6 and 151 of Code of Civil Procedure, 1908 for summoning of witnesses from GST Department along with certain documents has been dismissed. 5. This Court has heard the learned Counsel for the petitioner/plaintiff and Signature Not Verified Signed By:MANISHA CM(M) 201/2026 Page 1 of 3 RAJPUT Signing Date:28.01.2026 11:56:20 perused the record. 6. Learned counsel for the petitioner/plaintiff submits that the learned trial court has passed the impugned order on the basis of surmises and conjectures and the same is contrary to settled principles of law. It is further submitted that the witnesses and documents sought to be brought on record are material and relevant for the just and proper adjudication of the dispute between the parties. 7. The relevant portion of the impugned order reads as follows: “However, instead of placing reliance on those documents at an earlier stage or examining the witnesses pertaining to said factum during his evidence, the plaintiff had chosen to examine himself and t