M/S TULLIO GIUSI SRL (NOW KNOWN AS GAPI SERVICES GRL) vs GLOSSY BUTTONS PVT. LTD.

Judgment text excerpt

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 30th March, 2026 + CM(M) 668/2026, CM APPL. 19878/2026 & CM APPL. 19879/2026 M/S TULLIO GIUSI SRL (NOW KNOWN AS GAPI SERVICES GRL) .....Petitioner Through: Mr. T.P.S. Kang and Ms. Deepti Chaudhary, Advocates. versus GLOSSY BUTTONS PVT. LTD. .....Respondent Through: Mr. Desh Raj, Advocate. CORAM: HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA ORDER (Oral) Rajneesh Kumar Gupta, J. 1. This hearing has been conducted through hybrid mode. 2. The present petition has been filed on behalf of the petitioner under Article 227 of the Constitution of Indian, 1950, assailing the order dated 09th March, 2026 passed by the learned Trial Court in CS (COMM) 1250/2022, whereby the application filed by the petitioner/plaintiff under Order XVIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908, seeking permission to lead the rebuttal evidence, has been dismissed. 3. Learned Counsel for the respondent appeared on advance notice and accepts notice. 4. With the consent of the learned Counsels for the parties, the matter is taken up for hearing. Record perused. 5. A perusal of the record shows that the application has been dismissed Signature Not Verified Signed By:NAMITA CM(M) 668/2026 Page 1 of 2 DHYANI Signing Date:30.03.2026 17:15:43 solely on the ground that the particulars of the witnesses, as well as their affidavits in evidence had not been filed. 6. Learned Counsel for the petitioner submits that the petitioner seeks to examine only Mr. Raj Kumar in rebuttal evidence and limited to documents Ex.DW1/9, Ex.DW1/10 and Ex.DW1/11. 7. Keeping in view the facts and circumstances of the case and in the interest of justice, this Court is of the opinion that one opportunity be granted to the petitioner to lead the rebu