MR PURAN JOSHI (PRORIETOR OF SJ CARGO MOVERS) vs DECCAN EDIBLES PVT LTD

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on:.11.02.2026 Judgment pronounced on: 25.03.2026 Judgment uploaded on: 25.03.2026 + RFA(COMM) 56/2024 MR PURAN JOSHI (Proprietor of S J Cargo Movers) .....Appellant Through: Mr. Utkarsh Joshi and Mrs. Anjali Menon, Advs. versus DECCAN EDIBLES PRIVATE LIMITED .....Respondent Through: Ms. Nistha Gupta and Ms. Sakshi Mehley, Advs. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN JUDGMENT ANIL KSHETARPAL, J.: INTRODUCTION: 1. The present Appeal, preferred under Section 13 of the Commercial Courts Act, 2015, challenges the judgment and order dated 09.12.2023 [hereinafter “Impugned Judgment”] passed by the Commercial Court, whereby the Commercial Court rejected the Appellant‟s suit for recovery under Order VII Rule 11(a) of the Code of Civil Procedure, 1908 [hereinafter referred to as „CPC‟]. FACTUAL BACKGROUND: 2. In order to comprehend the issues involved in the present case, the relevant facts in brief are required to be noticed. Signature Not Verified Signed By:JAI NARAYAN RFA(COMM) 56/2024 Signing Date:25.03.2026 10:51:30 Page 1 of 10 3. The Appellant carries on business under the name and style of „M/s S J Cargo Movers‟ as its sole proprietor. The firm is a specialized logistics provider primarily engaged in inland road transportation. The case of the Appellant, as set out in the Plaint, is that the Respondent, a company specializing in the international export of agricultural perishables, approached the Appellant in the year 2018 for a specific commercial assignment. This assignment required the Appellant to manage the logistics of transporting grapes from various cold storage facilities and agricultural hubs within India to designated custom stations and ports for onward expor