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CS (COMM) - CIVIL SUIT (COMMERCIAL)

M/S A.S. TEXTILEVsSHUBHAM LAKHARA

CNR DLCT010033502023800-DISTRICT JUDGE (COMMERCIAL COURT) - 09 CENTRAL THC
Tis Hazari, District Sessions Court
delhi · Delhi (DL)
CASE DISPOSED
Uncontested--EX-PARTE
Decision Date: 07th March 2024

TrustJury record updated 14 Oct 2026

Case Overview

Registration Number
403/2023
Registration Date
04 Mar 2023

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1M/S A.S. TEXTILE

    Respondent

    1. 1SHUBHAM LAKHARA

    Acts & Sections

    1
    Suits for recovery and Damages · Sec 2

    Case History / Proceedings

    Case History
    Date: 04-03-2023
Business: Ld. PO has gone to Delhi Judicial Academy.  Case is listed for proper order on 13.03.2023.
Next Purpose: Proper Order
Next Hearing Date: 13-03-2023

Date: 13-03-2023
Business: Case is listed for consideration on 16.03.2023
Next Purpose: Consideration
Next Hearing Date: 16-03-2023

Date: 16-03-2023
Business: Case is listed for notice to the defendant on 20.07.2023.
Next Purpose: Misc. cases/purpose
Next Hearing Date: 20-07-2023

Date: 20-07-2023
Business: fp
Next Purpose: Misc. cases/purpose
Next Hearing Date: 21-08-2023

Date: 21-08-2023
Business: summons
Next Purpose: Misc. cases/purpose
Next Hearing Date: 25-09-2023

Date: 25-09-2023
Business: fp
Next Purpose: Misc. cases/purpose
Next Hearing Date: 31-10-2023

Date: 31-10-2023
Business: SUMMONS
Next Purpose: Misc. cases/purpose
Next Hearing Date: 19-12-2023

Date: 19-12-2023
Business: fp
Next Purpose: Misc. cases/purpose
Next Hearing Date: 09-02-2024

Date: 09-02-2024
Business: pe
Next Purpose: Plaintiff/Petitioner Evidence
Next Hearing Date: 01-03-2024

Date: 01-03-2024
Business: Order
Next Purpose: Order
Next Hearing Date: 07-03-2024

Date: 07-03-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 2091/2023
Filing Date: 03-03-2023
eFiling Number: ECDLCT01018452023
eFiling Date: 03-03-2023
First Hearing Date: 04th March 2023
Decision Date: 07th March 2024
Court Number And Judge: 800-DISTRICT JUDGE (COMMERCIAL COURT) - 09 CENTRAL THC

    Orders

    22
    Final Order 12Full order available
    07 Mar 2024

    Order Details: COPY OF JUDGMENT Pdf Text: M/S A.S. Textile vs. Shubham Lakhra DLCT010033502023 IN THE COURT OF SH. DEEPAK GARG, DISTRICT JUDGE-COMMERCIAL COURT-09 (CENTRAL DISTRICT), TIS HAZARI COURTS, DELHI CIVIL SUIT (COMMERCIAL) NO.:- 403/2023 IN THE MATTER OF :- M/s A.S. Textile Through its proprietor Mohd. Muzammil S.O Mohd. Mobin Having its office at: 6168/4, Block1, Gali NO. 4, Dev Nagar, Karol Bagh, New Delhi 110005 … Plaintiff VERSUS 1. M/S Lakhara Enterprises 2. Sh. Shubham Lakhara Proprietor M/S…

    Read Full Order
    Final Order 11
    07 Mar 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM)403/23
M/S A.S. TEXTILE
Vs.
SHUBHAM LAKHARA
07.03.2024
Present: None for plaintiff.
Defendant is ex parte.
Vide separate judgment announced in the open court
today, the suit of the plaintiff is decreed in terms of said
judgment.
Decree-sheet be prepared accordingly.
File be consigned to Record Room, after due
compliance.
(Deepak Garg)
Distt. Judge, (Comm. Court)-09,
Central District, THC : Delhi :07.03.2024
r
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    Interim Order 10
    01 Mar 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM)403/23
M/S A.S. TEXTILE
Vs.
SHUBHAM LAKHARA
01.03.2024
Present: Sayed Ajmal Hassan, Ld. Counsel for the plaintiff
along with AR of the plaintiff.
Defendant is ex parte.
Affidavit of Mohd. Muzammil, AR of the plaintiff
filed in evidence on behalf of the plaintiff.
PW1 Mohd. Muzammil, AR of the plaintiff
examined and discharged.
AR of the plaintiff closed the ex-parte evidence on
behalf of the plaintiff.
Arguments heard.
Put up for orders on 07.03.2024.
(Deepak Garg)
Distt. Judge, (Comm. Court)-09,
Central District, THC : Delhi :01.03.2024
r
-- 1 of 1 --
    Interim Order 9
    09 Feb 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) 403/23
M/S A.S. TEXTILE Vs. SHUBHAM LAKHARA
09.02.2024
Pr: Ld. Counsel for the plaintiff.
None for the defendant.
Written statement has not been filed by the defendant
withing stipulated period. None has appeared on behalf of the
defendant to explain about the same. In my view, there is
deliberate non appearance on behalf of the defendant.
Accordingly, defendant is proceeded exparte.
Put up for exparte PE on 01.03.24.
(Deepak Garg)
Distt. Judge, (Comm. Court)09,
Central District, THC : Delhi : 09.02.24
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    Interim Order 8
    19 Dec 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) 403/23
M/S A.S. TEXTILE Vs. SHUBHAM LAKHARA
19.12.2023
Pr: Sh. Rahul Rohtagi, Ld. Counsel for the plaintiff has joined
through video conferencing.
On the last date of hearing, the defendant was directed to
be served by way of pasting & affixation. Report of Process
Server has been received stating that the affixation was carried
out on the address of the defendant at Ashram, Jang Pura, Delhi
on 18.11.23 as well as on the address of Dev Nagar, Karol Bagh,
Delhi on 08.11.23. Photographs of the affixation has also been
filed along with the report.
In view of the same, the defendant is deemed to be served.
Let defendant filed the written statement within stipulated period.
Accordingly, put up for filing of written
statement/appearance of the defendant/further proceedings on
09.02.24.
(Deepak Garg)
Distt. Judge, (Comm. Court)09,
Central District, THC : Delhi : 19.12.23
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    Interim Order 7
    31 Oct 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) 403/23
M/S A.S. TEXTILE Vs. SHUBHAM LAKHARA
31.10.2023
Pr: Sh. Syed Ajmal Hasan, Ld. Counsel for the plaintiff.
On the last date of hearing, the defendant was directed to
be served by way of pasting and affixation on the address of
Jangpura, New Delhi.
Today report has been received that pasting and affixation
has been carried out, however, the process does not bear the
name of the proprietor Sh. Shubham Lakhara although the name
of the firm is mentioned on the summons.
It could be a typographical error on the part of the Ahlmad
of the court. Let Ahlmad be careful in future.
Let both the defendants be served afresh by way of pasting
& affixation in terms of the last order without PF.
The Process Server shall also take the photographs of the
pasting & affixation and shall file the same along with his report.
Accordingly, put pu on 19.12.23.
(Deepak Garg)
Distt. Judge, (Comm. Court)09,
Central District, THC : Delhi : 31.10.23
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    Interim Order 6Full order available
    25 Sept 2023

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS (COMM) 403/23 M/S A.S. TEXTILE Vs. SHUBHAM LAKHARA 25.09.2023 Pr. Sh. Syed Ajmal Hasan, Ld. Counsel for the plaintiff. Report has been received with regard to the issue of summons to the defendant sent on PF. It is stated by the Ld. Counsel for the plaintiff that the defendant is very much residing in H. No. 163, Upto Second Floor, Mathura Road, Hari Nagar, Ashram, Jung Pura, New Delhi110014. The Process…

    Read Full Order
    Interim Order 5Full order available
    21 Aug 2023

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS (COMM)403/23 M/S A.S. TEXTILE Vs. SHUBHAM LAKHARA 21/08/2023 Present: Sh. Rahul Rohtagi, Ld. Counsel for plaintiff along with proprietor of the plaintiff. An affidavit has been filed on behalf of the plaintiff stating that the defendant is very much residing at the H.No. 163, First Floor, Mathura Road, Hari Nagar, Ashram, Jungpura, Delhi 110014 which address is given in the memo of parties. Summons sent to the defendant on the address…

    Read Full Order
    Interim Order 4
    20 Jul 2023
    Order Details: COPY OF ORDER
Pdf Text: CS (COMM) 403/23
M/S A.S. TEXTILE Vs. SHUBHAM LAKHARA
20.07.2023
Vide order No. 44064439/GI/Gaz.IA/DHC/2023 dated
24.05.2023 and Corrigendum No. 44634496/G
I/GazIA/DHC/2023 dated 24.05.23 issued by the Hon’ble High
Court of Delhi, new court of DJ (Comm. Court)09, Central
District. Tis Hazari Courts has been created & undersigned has
been posted in this court.
This case has been received by way of transfer from the
court of Dr. Kamini Lau, Ld. DJ (Comm. Court)02 vide order
No. 41849889/F.3(4)/DJ(Comm. Courts)/Gaz/2023 dated
26.05.23 passed by Ld. Principal District & Sessions Judge
(HQs) : Delhi. It be checked and registered.
Pr: Sh. Sayed Azmal Hassan, Ld. Counsel for the plaintiff.
Summons issued to the defendant by ordinary means as
well as by registered post and speed post on both the addresses of
the defendant have been received back unserved with the report
that defendant has left the given address.
Let, fresh address of the defendant be filed by the
defendant by moving appropriate application. Ld. Counsel for the
plaintiff seeks time to file the same.
Put up on 21.08.23.
(Deepak Garg)
Distt. Judge, (Comm. Court)09,
Central District, THC : Delhi : 20.07.23
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    Interim Order 3
    16 Mar 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: M/s A. S. Textile Vs. Lakhara Enterprises
CS (COMM) No. 403/2023
16.03.2023
Present: Syed Ajmal Hasan, Advocate for plaintiff.
This is a commercial suit for recovery of
Rs.28,85,324/ filed on behalf of the plaintiff. It be checked and
registered, as per rules.
Heard. Issue summons of the suit as well as notice
of the accompanying applications to the defendants vide PF,
RC/Speed Post and through electronic mode and dasti as well for
20.07.2023. The plaintiff is also directed to file the affidavit of
service on the defendant.
Written Statement has to be filed by the defendant
within 30 days (extendable up to 120 days with the leave of the
court and subject to terms) from the date of service of process as
per amendment Proviso of Sub Rule 1 of Order 5 Rule 1 CPC
as applicable to the Commercial Courts Act.
(Dr. Kamini Lau)
District Judge (Commercial Court)02,
Central, Tis Hazari Court, Delhi /16.03.2023
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    Interim Order 2
    13 Mar 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: M/s A. S. Textile Vs. Lakhara Enterprises
CS (COMM) 403/2023
13.03.2023
Present: Syed Ajmal Hasan, Advocate for plaintiff.
This is a Commercial Suit for recovery of
Rs.28,85,324/ filed on behalf of the plaintiff.
The physical file has been received today. Be listed
for consideration on 16.03.2023 at 2:00 PM.
(Dr. Kamini Lau)
District Judge (Commercial Court)02,
Central, Tis Hazari Court, Delhi /13.03.2023
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    Interim Order 1
    04 Mar 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: M/s A. S. Textile vs. M/s Lakhara Enterprises & Anr.
04.03.2023
Fresh Commercial Suit for recovery of
Rs.28,85,324/ along with pendentilite and future
interest, is received today by way of efiling as well
as physical filing.
Present: Sh. Syed Ajmal Hasan, Advocate for plaintiff.
Ld. Presiding Officer has gone to Delhi Judicial
Academy, Dwarka, New Delhi to attend the Orientation
Course for District Judges (Commercial Court).
As per instructions, be listed for consideration on
13.03.2023 at 2:00 PM.
Reader/04.03.2023
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    Order 10
    01 Mar 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM)403/23
M/S A.S. TEXTILE
Vs.
SHUBHAM LAKHARA
01.03.2024
Present: Sayed Ajmal Hassan, Ld. Counsel for the plaintiff
along with AR of the plaintiff.
Defendant is ex parte.
Affidavit of Mohd. Muzammil, AR of the plaintiff
filed in evidence on behalf of the plaintiff.
PW1 Mohd. Muzammil, AR of the plaintiff
examined and discharged.
AR of the plaintiff closed the ex-parte evidence on
behalf of the plaintiff.
Arguments heard.
Put up for orders on 07.03.2024.
(Deepak Garg)
Distt. Judge, (Comm. Court)-09,
Central District, THC : Delhi :01.03.2024
r
-- 1 of 1 --
    Order 9
    09 Feb 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) 403/23
M/S A.S. TEXTILE Vs. SHUBHAM LAKHARA
09.02.2024
Pr: Ld. Counsel for the plaintiff.
None for the defendant.
Written statement has not been filed by the defendant
withing stipulated period. None has appeared on behalf of the
defendant to explain about the same. In my view, there is
deliberate non appearance on behalf of the defendant.
Accordingly, defendant is proceeded exparte.
Put up for exparte PE on 01.03.24.
(Deepak Garg)
Distt. Judge, (Comm. Court)09,
Central District, THC : Delhi : 09.02.24
-- 1 of 1 --
    Order 8
    19 Dec 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) 403/23
M/S A.S. TEXTILE Vs. SHUBHAM LAKHARA
19.12.2023
Pr: Sh. Rahul Rohtagi, Ld. Counsel for the plaintiff has joined
through video conferencing.
On the last date of hearing, the defendant was directed to
be served by way of pasting & affixation. Report of Process
Server has been received stating that the affixation was carried
out on the address of the defendant at Ashram, Jang Pura, Delhi
on 18.11.23 as well as on the address of Dev Nagar, Karol Bagh,
Delhi on 08.11.23. Photographs of the affixation has also been
filed along with the report.
In view of the same, the defendant is deemed to be served.
Let defendant filed the written statement within stipulated period.
Accordingly, put up for filing of written
statement/appearance of the defendant/further proceedings on
09.02.24.
(Deepak Garg)
Distt. Judge, (Comm. Court)09,
Central District, THC : Delhi : 19.12.23
-- 1 of 1 --
    Order 7
    31 Oct 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) 403/23
M/S A.S. TEXTILE Vs. SHUBHAM LAKHARA
31.10.2023
Pr: Sh. Syed Ajmal Hasan, Ld. Counsel for the plaintiff.
On the last date of hearing, the defendant was directed to
be served by way of pasting and affixation on the address of
Jangpura, New Delhi.
Today report has been received that pasting and affixation
has been carried out, however, the process does not bear the
name of the proprietor Sh. Shubham Lakhara although the name
of the firm is mentioned on the summons.
It could be a typographical error on the part of the Ahlmad
of the court. Let Ahlmad be careful in future.
Let both the defendants be served afresh by way of pasting
& affixation in terms of the last order without PF.
The Process Server shall also take the photographs of the
pasting & affixation and shall file the same along with his report.
Accordingly, put pu on 19.12.23.
(Deepak Garg)
Distt. Judge, (Comm. Court)09,
Central District, THC : Delhi : 31.10.23
-- 1 of 1 --
    Order 6Full order available
    25 Sept 2023

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS (COMM) 403/23 M/S A.S. TEXTILE Vs. SHUBHAM LAKHARA 25.09.2023 Pr. Sh. Syed Ajmal Hasan, Ld. Counsel for the plaintiff. Report has been received with regard to the issue of summons to the defendant sent on PF. It is stated by the Ld. Counsel for the plaintiff that the defendant is very much residing in H. No. 163, Upto Second Floor, Mathura Road, Hari Nagar, Ashram, Jung Pura, New Delhi110014. The Process…

    Read Full Order
    Order 5Full order available
    21 Aug 2023

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS (COMM)403/23 M/S A.S. TEXTILE Vs. SHUBHAM LAKHARA 21/08/2023 Present: Sh. Rahul Rohtagi, Ld. Counsel for plaintiff along with proprietor of the plaintiff. An affidavit has been filed on behalf of the plaintiff stating that the defendant is very much residing at the H.No. 163, First Floor, Mathura Road, Hari Nagar, Ashram, Jungpura, Delhi 110014 which address is given in the memo of parties. Summons sent to the defendant on the address…

    Read Full Order
    Order 4
    20 Jul 2023
    Order Details: COPY OF ORDER
Pdf Text: CS (COMM) 403/23
M/S A.S. TEXTILE Vs. SHUBHAM LAKHARA
20.07.2023
Vide order No. 44064439/GI/Gaz.IA/DHC/2023 dated
24.05.2023 and Corrigendum No. 44634496/G
I/GazIA/DHC/2023 dated 24.05.23 issued by the Hon’ble High
Court of Delhi, new court of DJ (Comm. Court)09, Central
District. Tis Hazari Courts has been created & undersigned has
been posted in this court.
This case has been received by way of transfer from the
court of Dr. Kamini Lau, Ld. DJ (Comm. Court)02 vide order
No. 41849889/F.3(4)/DJ(Comm. Courts)/Gaz/2023 dated
26.05.23 passed by Ld. Principal District & Sessions Judge
(HQs) : Delhi. It be checked and registered.
Pr: Sh. Sayed Azmal Hassan, Ld. Counsel for the plaintiff.
Summons issued to the defendant by ordinary means as
well as by registered post and speed post on both the addresses of
the defendant have been received back unserved with the report
that defendant has left the given address.
Let, fresh address of the defendant be filed by the
defendant by moving appropriate application. Ld. Counsel for the
plaintiff seeks time to file the same.
Put up on 21.08.23.
(Deepak Garg)
Distt. Judge, (Comm. Court)09,
Central District, THC : Delhi : 20.07.23
-- 1 of 1 --
    Order 3
    16 Mar 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: M/s A. S. Textile Vs. Lakhara Enterprises
CS (COMM) No. 403/2023
16.03.2023
Present: Syed Ajmal Hasan, Advocate for plaintiff.
This is a commercial suit for recovery of
Rs.28,85,324/ filed on behalf of the plaintiff. It be checked and
registered, as per rules.
Heard. Issue summons of the suit as well as notice
of the accompanying applications to the defendants vide PF,
RC/Speed Post and through electronic mode and dasti as well for
20.07.2023. The plaintiff is also directed to file the affidavit of
service on the defendant.
Written Statement has to be filed by the defendant
within 30 days (extendable up to 120 days with the leave of the
court and subject to terms) from the date of service of process as
per amendment Proviso of Sub Rule 1 of Order 5 Rule 1 CPC
as applicable to the Commercial Courts Act.
(Dr. Kamini Lau)
District Judge (Commercial Court)02,
Central, Tis Hazari Court, Delhi /16.03.2023
-- 1 of 1 --
    Order 2
    13 Mar 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: M/s A. S. Textile Vs. Lakhara Enterprises
CS (COMM) 403/2023
13.03.2023
Present: Syed Ajmal Hasan, Advocate for plaintiff.
This is a Commercial Suit for recovery of
Rs.28,85,324/ filed on behalf of the plaintiff.
The physical file has been received today. Be listed
for consideration on 16.03.2023 at 2:00 PM.
(Dr. Kamini Lau)
District Judge (Commercial Court)02,
Central, Tis Hazari Court, Delhi /13.03.2023
-- 1 of 1 --
    Order 1
    04 Mar 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: M/s A. S. Textile vs. M/s Lakhara Enterprises & Anr.
04.03.2023
Fresh Commercial Suit for recovery of
Rs.28,85,324/ along with pendentilite and future
interest, is received today by way of efiling as well
as physical filing.
Present: Sh. Syed Ajmal Hasan, Advocate for plaintiff.
Ld. Presiding Officer has gone to Delhi Judicial
Academy, Dwarka, New Delhi to attend the Orientation
Course for District Judges (Commercial Court).
As per instructions, be listed for consideration on
13.03.2023 at 2:00 PM.
Reader/04.03.2023
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