FALAK NAAZ & ORS. vs RAJ KUMAR SARASWAT

Judgment text excerpt

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 08.05.2026 + RFA(COMM) 98/2025 CM APPL. 9997/2025 CM APPL. 6536/2026 FALAK NAAZ & ORS. .....APPELLANTS Through: Mr. Pawan Reley, Mr. Kashif Athar., Mr. Akshay Lodhi, Mr. Farak Mirza, Ms Simran Singh and Mr. Tanish Rawat Advs. versus RAJ KUMAR SARASWAT .....RESPONDENT Through: Mr. Rajiv Bakshi, Ms. Kajal Sharma and Mr. Pranav Pareek, Advs. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA MANMEET PRITAM SINGH ARORA, J. (ORAL) RFA(COMM) 98/2025 1. The present appeal has been filed under Section 13 of the Commercial Courts Act, 2015, read with Order XLI Rule 1 of the Code of Civil Procedure, 1908, against the impugned judgment and final order dated 11.11.2024 passed by the District Judge (Commercial Court), North East District, Karkardooma Courts, Delhi in CS (Comm) No 51 of 2022. The Trial Court has passed a decree for a sum of Rs. 38,73,000/- along with pendent lite and future interest at 9% in favour of the Respondent (i.e., plaintiff). 2. Learned counsel for the Appellants sets up the Appellants’ case as follows: Signature Not Verified RFA(COMM) 98/2025 Page 1 of 13 Signed By:MAHIMA SHARMA Signing Date:16.05.2026 18:23 2.1. Appellant No. 1 is the widow of Late Mr Mohammad Shahid [‘deceased’], who was engaged in the cloth trading business and carried on business in the name and style of KGN Trading Company as its proprietor. Mr Mohammad Shahid expired due to COVID-19 in May, 2021. Appellant Nos. 2 to 5 are the minor children of the deceased. He states that Appellant No. 1, being a homemaker, was neither associated with the business of her deceased husband nor was aware of any alleged commercial transactions with the Respondent, who carries on business in the name