Order 8

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) 417/26
M/S VIDALE CLOTHING Vs. SH. UTKARSH KUMAR
29.09.2026
Present: Sh. Sandeep Yadav, Ld. counsel for the plaintiff alongwith Sh.
Raghav Rohtgi, proprietor of plaintiff.
Defendant is already proceeded as ex-parte vide order
dated 11.08.2026.
Matter is listed today for PE.
Present matter has been received by way of transfer from the
Court of the then Ld. District Judge (Commercial Court)-09, Central, THC
(since abolished), vide Order No. 73105-141/F.3(4)/Gaz(C)/2026 dated
17.09.2026 of Ld. Principal District and Sessions Judge, (HQ), Delhi.
At this stage, Ld. Counsel for the plaintiff has filed an
application under Order XI Rule 5 of Commercial Courts Act r/w section
151 CPC for filing certain documents i.e. the copy of the ledger account and
certificate under section 63 of BSA in support of the said ledger account.
Heard on above application.
Ld. Counsel for the plaintiff submits that during the pendency
of the present suit, the defendant has made part payment of Rs. 3,00,000/-
(Rupees Three Lakh only) on three occasions i.e. on 17.03.2026,
18.06.2026 and on 29.08.2026 for a sum of Rs. 1,00,000/- each respectively.
He submits that the plaintiff has accounted the said payment made by the
defendant in the ledger account of the plaintiff and therefore, plaintiff has
filed the instant application for placing the ledger account showing the upto
date payment made by defendant on record.
In view of the above facts and circumstances as well as
submissions of Ld. Counsel for the plaintiff and reasons stated in the
application, the instant application for placing the ledger account of the
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plaintiff in respect of defendant, deserves to be allowed and accordingly,
same is allowed subject to costs of Rs. 1,000/- to be deposited in DLSA,
Central, THC, Delhi.
Ld. Counsel for the plaintiff submits that the plaintiff has
already paid the previous costs and he will file the receipt of payment of
previous costs as well as the receipt of cost imposed today.
The above application bearing IA No. 01/26 is accordingly
disposed of.
Further at this stage, Ld. Counsel for the plaintiff has filed the
evidence by way of affidavit of plaintiff.
At the request of Ld. Counsel for the plaintiff, matter is
adjourned for 13.10.2026.
Put up on 13.10.2026 for PE.
(LAL SINGH)
District Judge (Commercial Court)-09
Central District, Tis Hazari Courts /Delhi
29.09.2026
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