Delhi High Court - Orders
M/S Shirdi Industries Ltd. (Now Known As ... vs M/S Om Logistics Limited on 28 May, 2024
Author: Rajiv Shakdher
Bench: Rajiv Shakdher, Amit Bansal
$~48
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA(COMM) 219/2024
M/S SHIRDI INDUSTRIES LTD. (NOW KNOWN AS M/S SHIRDI
PANEL INDUSTRIES LTD.) ..... APPELLANT
Through: Mr Pankaj Kumar with Ms Shruti
Sharma, Advocates.
versus
M/S OM LOGISTICS LIMITED ..... RESPONDENT
Through: None.
CORAM:
HON'BLE MR JUSTICE RAJIV SHAKDHER
HON'BLE MR JUSTICE AMIT BANSAL
ORDER
% 28.05.2024 [Physical Hearing/Hybrid Hearing (as per request)] CM APPL. 32679/2024
1. Allowed, subject to just exceptions.
RFA(COMM) 219/2024 and CM APPL. 32678/2024 [Application filed on behalf of the appellant seeking interim relief]
2. This appeal is directed against the judgment and decree dated 27.02.2024 passed by the learned District Judge (Commercial Court)-1, West, Tis Hazari Courts, Delhi.
3. Via the impugned judgment, the learned District Judge decreed the suit instituted by the respondent/plaintiff for Rs.15,14,585.60/- along with interest at the rate of 9% with effect from 04.01.2020 till filing of the suit, pendente lite interest and future interest at the same rate. Besides this, the appellant/defendant was also mulcted with costs.
RFA(COMM) 219/2024 page 1 of 2 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/06/2024 at 20:52:41
4. The record shows that the respondent/plaintiff instituted a suit for recovery concerning amounts due and payable towards transport services rendered by it.
5. The record also discloses that the case set up by the respondent/plaintiff was that against amounts due and payable qua the transport services rendered by it to the appellant/defendant, partial payment was made.
6. It is, however, the submission of the counsel for the appellant/defendant that against the claim amount of Rs.15,14,585.60/-, only Rs.7,81,613.60/- is due and payable.
7. The matter requires examination.
8. Issue notice to the respondent/plaintiff via all modes, including e- mail.
9. List the appeal on 01.10.2024.
10. Subject to the appellant/defendant depositing the entire decretal amount within six (6) weeks from today, for the moment, there shall be a stay on the operation of the impugned judgment and decree.
RAJIV SHAKDHER, J
AMIT BANSAL, J
MAY 28, 2024/ tr
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RFA(COMM) 219/2024 page 2 of 2
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/06/2024 at 20:52:41