M/S. RAJBIR TIMBER TRADERS vs ANIK WALIA

Judgment text excerpt

$~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 04th May, 2026 + CM(M) 1013/2026, CM APPL. 29818/2026, CM APPL. 29819/2026 & CM APPL. 29820/2026 M/S. RAJBIR TIMBER TRADERS .....Petitioner Through: Mr. Mankan Deep Singh Bammi, Mr. Manish Kumar and Ms. Nida Akhtar, Advocates. versus ANIK WALIA .....Respondent Through: Mr. Parvez Bashista and Mr. Malay Misra, Advocates. 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 by the petitioner/plaintiff under Article 227 of the Constitution of India, 1950, assailing the order dated 09th April, 2026, passed by the learned Trial Court in CS (COMM) No. 225/2023, whereby the application filed by the petitioner/plaintiff under Order XVIII Rule 17 read with Order XVI Rule 1 and Section 151 of the Code of Civil Procedure, 1908, (‘CPC’) seeking summoning of witnesses has been dismissed. 3. Learned counsel for the respondent appears on advance notice and accepts notice. 4. The matter is taken up for hearing today with the consent of the learned CM(M) 1013/2026 Page 1 of 3 Signature Not Verified Signed By:VAISHALI CHAUHAN Signing Date:05.05.2026 11:22:05 counsels for both the parties. 5. Heard. Record perused. 6. Learned counsel appearing on behalf of the petitioner has argued that the trial Court has passed the impugned order on the basis of surmises and conjectures, which is against the facts and law. It is further argued that the petitioner wants to examine two (02) witnesses, as detailed in paragraph no. 6 of the application, as the examination of these witnesses is necessary for a just and fair adjudication of the case. 7. Per contra, learned counsel appearing on behalf of the respondent h