GORAYA STRAW BOARD MILLS PVT. LTD. vs SHRI GANESH PAPER TRADING CO.

Judgment text excerpt

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 30th March, 2026 + CM(M) 663/2026 GORAYA STRAW BOARD MILLS PVT. LTD. .....Petitioner Through: Mr. Vijay Joshi and Mr. Gurjas Narula, Advocates. versus SHRI GANESH PAPER TRADING CO. .....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. 19862/2026 (for exemption) 2. Allowed, subject to all just exceptions. Application is disposed of. CM(M) 663/2026 & CM APPL. 19861/2026 (for stay) 3. The present petition has been filed under Article 227 of the Constitution of India, assailing the impugned order dated 12th September, 2025 passed by the learned Trial Court in C.S. (COMM.) No. 489/2021, whereby the evidence of the petitioner/defendant has been closed. 4. Heard. Record perused. 5. Learned Counsel for the petitioner has argued that the learned Trial Court has passed the impugned order on the basis of surmises and Signature Not Verified Signed By:MANISHA CM(M) 663/2026 Page 1 of 3 RAJPUT Signing Date:01.04.2026 11:00:57 conjectures, which is against the facts on record. The evidence of the petitioner has been closed without giving sufficient opportunity to the petitioner to lead his evidence. It is further submitted by the learned counsel for the petitioner that, in absence of such an opportunity to lead evidence, grave injustice would be caused to the case of the petitioner. 6. The impugned order dated 12th September, 2025 reads as follows : “Plaintiff is a proprietorship firm and does not have legal entity. Learned counsel for plaintiff is directed to move an appropriate application and amend the title of the suit. Matter is listed for DE. No witness is present today. Learned counsel fo