M/S FUELCO INDUSTRIAL CORP. & ORS. vs RAJ KUMAR SAXENA

Judgment text excerpt

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA(COMM) 135/2025 M/S FUELCO INDUSTRIAL CORP. & ORS. .....Appellants Through: Mr. Jai Wadhwa and Mr. Ronak Karanpuria, Advs. versus RAJ KUMAR SAXENA .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA ORDER (ORAL) % 19.03.2026 C. HARI SHANKAR, J. 1. This appeal is directed against three orders passed by the learned District Judge (Commercial Court)1 dated 30 September 2024, 23 July 2024 and 8 August 2024 in CS (COMM) 155/20212. 2. The defendant-respondent, who chose not to enter appearance, was proceeded ex parte, before the learned Commercial Court as well as before this Court. 3. The appellant-plaintiff thereafter produced a list of as many as 25 witnesses which it desired to examine, of which 20 were witnesses who had to be summoned. 1 “the learned Commercial Court” hereinafter 2 “the suit” hereinafter Signature Not Verified Signed By:GUNN RFA(COMM) 135/2025 Page 1 of 4 Signing Date:24.03.2026 11:03:18 4. In these circumstances, the learned Commercial Court, by order dated 23 July 2024, which constitutes the first order under challenge herein, regretted its inability, given work pressure, to record the evidence itself and, therefore, appointed a local commissioner to do so, on or before 23 September 2024. 5. The appellant moved an application for modification of the order, pleading financial stringency and inability to disgorge the amounts specified, for recording of the evidence through commission. 6. Said application was disposed of, by the learned Commercial Court, by order dated 8 August 2024 (the second order under challenge herein), reducing the fee of the Local Commissioner but otherwise maintaining the earlier order. 7. As no steps were taken by the appella