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CS (COMM) - CIVIL SUIT (COMMERCIAL)

Nezpack Industries Pvt LtdVsHIMALAYA FOOD INTERNATIONAL LTD

CNR DLCT010067382026806-DISTRICT JUDGE (COMMERCIAL COURT) - 10, CENTRAL, THC
Tis Hazari, District Sessions Court
delhi · Delhi (DL)
PENDING

TrustJury record updated 14 Oct 2026

Case Overview

Registration Number
455/2026
Registration Date
18 Apr 2026
Next Hearing Date
17 Nov 2026
Case Stage
Issues

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Nezpack Industries Pvt Ltd

    Respondent

    1. 1HIMALAYA FOOD INTERNATIONAL LTD

    Acts & Sections

    0

    No Act or Section information is available.

    Case History / Proceedings

    Case History
    Date: 18-04-2026
Business: Fresh suit red. To come up for consideration.
Next Purpose: Misc./ Appearance
Next Hearing Date: 30-04-2026

Date: 30-04-2026
Business: Application under order 11 R 1 (5) CPC has been allowed.  Issue notice.
Next Purpose: Misc./ Appearance
Next Hearing Date: 03-06-2026

Date: 03-06-2026
Business: defendant is ex-parte and put up for ex-parte PE
Next Purpose: Plaintiff/Petitioner Evidence
Next Hearing Date: 20-07-2026

Date: 20-07-2026
Business: Reply filed.  Application 9 R 7 allowed.
Next Purpose: Misc./ Appearance
Next Hearing Date: 30-07-2026

Date: 30-07-2026
Business: WS, filed.
Next Purpose: Misc./ Appearance
Next Hearing Date: 14-08-2026

Date: 14-08-2026
Business: Replication and one application  under order 11 R 1 (5) CPC filed.
Next Purpose: Misc. Arguments
Next Hearing Date: 07-09-2026

Date: 07-09-2026
Business: Ld. P.O is on Leave today.
Next Purpose: Misc. Arguments
Next Hearing Date: 05-10-2026

Date: 05-10-2026
Business: ISSUES
Next Purpose: Issues
Next Hearing Date: 17-11-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 4396/2026
Filing Date: 17-04-2026
eFiling Number: ADL20230014891C202600018
eFiling Date: 17-04-2026
First Hearing Date: 18th April 2026
Court Number And Judge: 806-DISTRICT JUDGE (COMMERCIAL COURT) - 10, CENTRAL, THC

    Orders

    20
    Interim Order 10
    05 Oct 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CNR no. DLCT01-006738-2026
CS (COMM) 455/26
Nezpack Industries Pvt Ltd Vs. Himalaya Food International ltd
05.10.2026
Present: Sh. Aaskash Choudhary, Ld. Counsel for plaintiff
(through VC).
Sh. Pratham Malik, proxy for Sh. Saurabh Kansal,
Ld. Counsels for defendant.
An application under Order 11 Rule 1(5) CPC is on
record for taking on record the documents of M/s SMC Global
Securities Ltd.
Reply to the above application is also filed.
It is admitted by Ld. Counsel for plaintiff that it is
mentioned in the WS by defendant that the rate of share is Rs.
25/- and the plaintiff wants to place on record the document of
SMC Global Securities Ltd. to show that the rate of share was
Rs. 23.51 paisa. The suit is at an initial stage and issues are not
framed till date, I deem it appropriate to allow this application.
Accordingly, this application is allowed.
Put up for admission/denial of the
documents/framing of issues on 17.11.2026.
(Naresh Kumar Malhotra)
District Judge (Commercial Court)-10/
Central/Tis Hazari/Delhi/05.10.2026
-- 1 of 1 --
    Interim Order 9
    07 Sept 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) No. 455/26
Nezpack Industries Pvt Ltd Vs. Himalaya Food International
Ltd
07.09.2026
Ld. PO is on leave today.
Present: Sh. Aakash Choudhary Ld. Counsel for plaintiff
(through VC).
Sh. Manish Kumar Ld. Counsel for defendant
(through VC).
As per direction of Ld. PO, put up for purpose fixed
on 05.10.2026.
(Reader)
07.09.2026
-- 1 of 1 --
    Interim Order 8
    14 Aug 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) No. 455/26
Nezpack Industries Pvt Ltd Vs. Himalaya Food International
Ltd
14.08.2026
Present: Sh. Aakash Choudhary Ld. Counsel for plaintiff.
Sh. Suraj Kumar Jha Ld. Counsel for defendant.
Replication along with an application i.e. IA No.
3/2026 u/o.11 rule 1(5) CPC filed on behalf of
plaintiff. Copy given.
Put up for reply, if any, and arguments on
application i.e. IA No.3/2025 u/o.11 rule 1(5) CPC
07.09.2026.
(Rakesh Pandit)
District Judge (Commercial Court)-13/
Central/Tis Hazari/Delhi/14.08.2026
-- 1 of 1 --
    Interim Order 7
    30 Jul 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) No.455/26
Nezpack Industries Pvt Ltd Vs. Himalaya Food International
Ltd
DLCT01-006738-2026
30.07.2026
Present: Sh. Aakash Choudhary Ld. Counsel for plaintiff.
Sh. Suraj Kumar Kha Ld. Counsel for defendant.
Cost not paid.
Be awaited at request of Ld. Counsel for defendant
at 12.00 noon.
(Rakesh Pandit)
District Judge (Commercial Court)-13/
Central/Tis Hazari/Delhi/30.07.2026
At 12.30 noon.
Present: Sh. Aakash Choudhary Ld. Counsel for plaintiff.
None for defendant.
Cost paid.
Written statement along with an application for
condonation of delay in filing the written statement,
filed on behalf of defendant. Copy already given.
It is submitted by Ld. Counsel for plaintiff that he has
no objection if the application for condonation of
delay is allowed but subject to cost. Accordingly,
-- 1 of 2 --
the application for condonation of delay is allowed
but subject to cost of Rs.2,000/-. Written Statement
taken on record.
Put up for filing of replication, if any, and
consideration on 14.08.2026.
(Rakesh Pandit)
District Judge (Commercial Court)-13/
Central/Tis Hazari/Delhi/30.07.2026
-- 2 of 2 --
    Interim Order 6
    20 Jul 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) No. 455/26
Nezpack Industries Pvt Ltd Vs. Himalaya Food International
Ltd
20.07.2026
Present: Sh. Aakash Choudhary Ld. Counsel for plaintiff.
Sh. Suraj Kumar Kha Ld. Counsel for defendant.
Reply to the application u/o.9 rule 7 CPC. Copy
given.
Part arguments heard. During the course of
arguments, it is submitted by Ld. Counsel for
plaintiff that he has no objection if the application
u/o.9 rule 7 CPC is allowed but subject to cost.
Accordingly, the application u/o.9 rule 7 CPC is
allowed but subject to cost of Rs.10,000/- to be paid
by the defendant to the plaintiff through counsel.
Put up for filing of written statement on 30.07.2026.
(Rakesh Pandit)
District Judge (Commercial Court)-13/
Central/Tis Hazari/Delhi/20.07.2026
-- 1 of 1 --
    Interim Order 5
    20 Jul 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) No. 455/26
Nezpack Industries Pvt Ltd Vs. Himalaya Food International
Ltd
20.07.2026
Present: Sh. Aakash Choudhary Ld. Counsel for plaintiff.
Sh. Suraj Kumar Kha Ld. Counsel for defendant.
Reply to the application u/o.9 rule 7 CPC. Copy
given.
Part arguments heard. During the course of
arguments, it is submitted by Ld. Counsel for
plaintiff that he has no objection if the application
u/o.9 rule 7 CPC is allowed but subject to cost.
Accordingly, the application u/o.9 rule 7 CPC is
allowed but subject to cost of Rs.10,000/- to be paid
by the defendant to the plaintiff through counsel.
Put up for filing of written statement on 30.07.2026.
(Rakesh Pandit)
District Judge (Commercial Court)-13/
Central/Tis Hazari/Delhi/20.07.2026
-- 1 of 1 --
    Interim Order 4Full order available
    03 Jun 2026

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS (COMM) No. 455/26 Nezpack Industries Pvt Ltd Vs. Himalaya Food International Ltd 03.06.2026 Present: Sh. Aakash Choudhary Ld. Counsel for plaintiff (through VC). None for defendant. Ordinary process not received back. From the perusal of tracking report of postal process of the Gujarat address (placed on record by Ahlmad of the court), it appears that defendant was served on 27.05.2026 at 13:31:15. From the perusal of tracking report of postal process…

    Read Full Order
    Interim Order 3Full order available
    30 Apr 2026

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS (COMM) No. 455/26 Nezpack Industries Pvt Ltd Vs. Himalaya Food International Ltd 30.04.2026 Present: Sh. Aakash Choudhary Ld. Counsel for plaintiff (through VC). An application u/o.11 rule 1(5) CPC was filed on behalf fo plaintiff on 28.04.2026. Heard. Considering the submissions, the same is allowed. From the perusal of non-starter report dated 20.12.2025 of Central District DLSA, it appears that compliance u/sec.12A of Commercial Court Act is already done. Issue summons…

    Read Full Order
    Interim Order 2Full order available
    30 Apr 2026

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS (COMM) No. 455/26 Nezpack Industries Pvt Ltd Vs. Himalaya Food International Ltd 30.04.2026 Present: Sh. Aakash Choudhary Ld. Counsel for plaintiff (through VC). An application u/o.11 rule 1(5) CPC was filed on behalf fo plaintiff on 28.04.2026. Heard. Considering the submissions, the same is allowed. From the perusal of non-starter report dated 20.12.2025 of Central District DLSA, it appears that compliance u/sec.12A of Commercial Court Act is already done. Issue summons…

    Read Full Order
    Interim Order 1
    18 Apr 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) No. 455/2026
Nezpack Industries Pvt Ltd Vs Himalaya Food International
Ltd.
18.04.2026
Fresh suit received by way of assignment. It be
checked and registered.
Present: Sh. Prakash Chaudhary Ld. Counsel for plaintiff
(through VC).
At request, put up for consideration on 30.04.2026.
(Rakesh Pandit)
District Judge (Commercial Court)-13/
Central/Tis Hazari/Delhi/18.04.2026
-- 1 of 1 --
    Order 10
    05 Oct 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CNR no. DLCT01-006738-2026
CS (COMM) 455/26
Nezpack Industries Pvt Ltd Vs. Himalaya Food International ltd
05.10.2026
Present: Sh. Aaskash Choudhary, Ld. Counsel for plaintiff
(through VC).
Sh. Pratham Malik, proxy for Sh. Saurabh Kansal,
Ld. Counsels for defendant.
An application under Order 11 Rule 1(5) CPC is on
record for taking on record the documents of M/s SMC Global
Securities Ltd.
Reply to the above application is also filed.
It is admitted by Ld. Counsel for plaintiff that it is
mentioned in the WS by defendant that the rate of share is Rs.
25/- and the plaintiff wants to place on record the document of
SMC Global Securities Ltd. to show that the rate of share was
Rs. 23.51 paisa. The suit is at an initial stage and issues are not
framed till date, I deem it appropriate to allow this application.
Accordingly, this application is allowed.
Put up for admission/denial of the
documents/framing of issues on 17.11.2026.
(Naresh Kumar Malhotra)
District Judge (Commercial Court)-10/
Central/Tis Hazari/Delhi/05.10.2026
-- 1 of 1 --
    Order 9
    07 Sept 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) No. 455/26
Nezpack Industries Pvt Ltd Vs. Himalaya Food International
Ltd
07.09.2026
Ld. PO is on leave today.
Present: Sh. Aakash Choudhary Ld. Counsel for plaintiff
(through VC).
Sh. Manish Kumar Ld. Counsel for defendant
(through VC).
As per direction of Ld. PO, put up for purpose fixed
on 05.10.2026.
(Reader)
07.09.2026
-- 1 of 1 --
    Order 8
    14 Aug 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) No. 455/26
Nezpack Industries Pvt Ltd Vs. Himalaya Food International
Ltd
14.08.2026
Present: Sh. Aakash Choudhary Ld. Counsel for plaintiff.
Sh. Suraj Kumar Jha Ld. Counsel for defendant.
Replication along with an application i.e. IA No.
3/2026 u/o.11 rule 1(5) CPC filed on behalf of
plaintiff. Copy given.
Put up for reply, if any, and arguments on
application i.e. IA No.3/2025 u/o.11 rule 1(5) CPC
07.09.2026.
(Rakesh Pandit)
District Judge (Commercial Court)-13/
Central/Tis Hazari/Delhi/14.08.2026
-- 1 of 1 --
    Order 7
    30 Jul 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) No.455/26
Nezpack Industries Pvt Ltd Vs. Himalaya Food International
Ltd
DLCT01-006738-2026
30.07.2026
Present: Sh. Aakash Choudhary Ld. Counsel for plaintiff.
Sh. Suraj Kumar Kha Ld. Counsel for defendant.
Cost not paid.
Be awaited at request of Ld. Counsel for defendant
at 12.00 noon.
(Rakesh Pandit)
District Judge (Commercial Court)-13/
Central/Tis Hazari/Delhi/30.07.2026
At 12.30 noon.
Present: Sh. Aakash Choudhary Ld. Counsel for plaintiff.
None for defendant.
Cost paid.
Written statement along with an application for
condonation of delay in filing the written statement,
filed on behalf of defendant. Copy already given.
It is submitted by Ld. Counsel for plaintiff that he has
no objection if the application for condonation of
delay is allowed but subject to cost. Accordingly,
-- 1 of 2 --
the application for condonation of delay is allowed
but subject to cost of Rs.2,000/-. Written Statement
taken on record.
Put up for filing of replication, if any, and
consideration on 14.08.2026.
(Rakesh Pandit)
District Judge (Commercial Court)-13/
Central/Tis Hazari/Delhi/30.07.2026
-- 2 of 2 --
    Order 6
    20 Jul 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) No. 455/26
Nezpack Industries Pvt Ltd Vs. Himalaya Food International
Ltd
20.07.2026
Present: Sh. Aakash Choudhary Ld. Counsel for plaintiff.
Sh. Suraj Kumar Kha Ld. Counsel for defendant.
Reply to the application u/o.9 rule 7 CPC. Copy
given.
Part arguments heard. During the course of
arguments, it is submitted by Ld. Counsel for
plaintiff that he has no objection if the application
u/o.9 rule 7 CPC is allowed but subject to cost.
Accordingly, the application u/o.9 rule 7 CPC is
allowed but subject to cost of Rs.10,000/- to be paid
by the defendant to the plaintiff through counsel.
Put up for filing of written statement on 30.07.2026.
(Rakesh Pandit)
District Judge (Commercial Court)-13/
Central/Tis Hazari/Delhi/20.07.2026
-- 1 of 1 --
    Order 5
    20 Jul 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) No. 455/26
Nezpack Industries Pvt Ltd Vs. Himalaya Food International
Ltd
20.07.2026
Present: Sh. Aakash Choudhary Ld. Counsel for plaintiff.
Sh. Suraj Kumar Kha Ld. Counsel for defendant.
Reply to the application u/o.9 rule 7 CPC. Copy
given.
Part arguments heard. During the course of
arguments, it is submitted by Ld. Counsel for
plaintiff that he has no objection if the application
u/o.9 rule 7 CPC is allowed but subject to cost.
Accordingly, the application u/o.9 rule 7 CPC is
allowed but subject to cost of Rs.10,000/- to be paid
by the defendant to the plaintiff through counsel.
Put up for filing of written statement on 30.07.2026.
(Rakesh Pandit)
District Judge (Commercial Court)-13/
Central/Tis Hazari/Delhi/20.07.2026
-- 1 of 1 --
    Order 4Full order available
    03 Jun 2026

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS (COMM) No. 455/26 Nezpack Industries Pvt Ltd Vs. Himalaya Food International Ltd 03.06.2026 Present: Sh. Aakash Choudhary Ld. Counsel for plaintiff (through VC). None for defendant. Ordinary process not received back. From the perusal of tracking report of postal process of the Gujarat address (placed on record by Ahlmad of the court), it appears that defendant was served on 27.05.2026 at 13:31:15. From the perusal of tracking report of postal process…

    Read Full Order
    Order 3Full order available
    30 Apr 2026

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS (COMM) No. 455/26 Nezpack Industries Pvt Ltd Vs. Himalaya Food International Ltd 30.04.2026 Present: Sh. Aakash Choudhary Ld. Counsel for plaintiff (through VC). An application u/o.11 rule 1(5) CPC was filed on behalf fo plaintiff on 28.04.2026. Heard. Considering the submissions, the same is allowed. From the perusal of non-starter report dated 20.12.2025 of Central District DLSA, it appears that compliance u/sec.12A of Commercial Court Act is already done. Issue summons…

    Read Full Order
    Order 2Full order available
    30 Apr 2026

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS (COMM) No. 455/26 Nezpack Industries Pvt Ltd Vs. Himalaya Food International Ltd 30.04.2026 Present: Sh. Aakash Choudhary Ld. Counsel for plaintiff (through VC). An application u/o.11 rule 1(5) CPC was filed on behalf fo plaintiff on 28.04.2026. Heard. Considering the submissions, the same is allowed. From the perusal of non-starter report dated 20.12.2025 of Central District DLSA, it appears that compliance u/sec.12A of Commercial Court Act is already done. Issue summons…

    Read Full Order
    Order 1
    18 Apr 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) No. 455/2026
Nezpack Industries Pvt Ltd Vs Himalaya Food International
Ltd.
18.04.2026
Fresh suit received by way of assignment. It be
checked and registered.
Present: Sh. Prakash Chaudhary Ld. Counsel for plaintiff
(through VC).
At request, put up for consideration on 30.04.2026.
(Rakesh Pandit)
District Judge (Commercial Court)-13/
Central/Tis Hazari/Delhi/18.04.2026
-- 1 of 1 --

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