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CS (COMM) - CIVIL SUIT (COMMERCIAL)

S K RAHIMVsMS DAYAL CLOTHIERS EXPORTS +2 more

CNR DLCT010134552023786-DISTRICT JUDGE (COMMERCIAL COURT) - 03, CENTRAL, THC
CASE DISPOSED
Uncontested--COMPROMISE
Decision Date: 22nd August 2024

TrustJury record updated 14 Oct 2026

Case Overview

Registration Number
1262/2023
Registration Date
22 Sept 2023

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Civil Procedure Code · Sec 4 · ORDER

    Case History / Proceedings

    Case History
    Date: 22-09-2023
    Business: for consideration
    Next Purpose: Consideration
    Next Hearing Date: 21-10-2023
    
    Date: 21-10-2023
    Business: for consideration
    Next Purpose: Consideration
    Next Hearing Date: 24-11-2023
    
    Date: 24-11-2023
    Business: for service
    Next Purpose: Misc./ Appearance
    Next Hearing Date: 15-02-2024
    
    Date: 15-02-2024
    Business: for case management
    Next Purpose: For Case Management Hearing
    Next Hearing Date: 22-03-2024
    
    Date: 22-03-2024
    Business: Ld. P.O. is on leave today.
    Next Purpose: For Case Management Hearing
    Next Hearing Date: 30-04-2024
    
    Date: 30-04-2024
    Business: for PE
    Next Purpose: Plaintiff/Petitioner Evidence
    Next Hearing Date: 04-06-2024
    
    Date: 04-06-2024
    Business: for PE
    Next Purpose: Plaintiff/Petitioner Evidence
    Next Hearing Date: 05-07-2024
    
    Date: 05-07-2024
    Business: for cross examination of PW1
    Next Purpose: Plaintiff/Petitioner Evidence
    Next Hearing Date: 08-07-2024
    
    Date: 08-07-2024
    Business: PE closed
    Next Purpose: Defendant/Respondent Evidence
    Next Hearing Date: 12-07-2024
    
    Date: 12-07-2024
    Business: for purpose fixed
    Next Purpose: Defendant/Respondent Evidence
    Next Hearing Date: 15-07-2024
    
    Date: 15-07-2024
    Business: for purpose fixed
    Next Purpose: Defendant/Respondent Evidence
    Next Hearing Date: 24-07-2024
    
    Date: 24-07-2024
    Business: for DE
    Next Purpose: Defendant/Respondent Evidence
    Next Hearing Date: 22-08-2024
    
    Date: 22-08-2024
    Business: Disposed off
    Nature Of Disposal: COMPROMISE
    Disposal Date: 22-08-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 8411/2023
    Filing Date: 21-09-2023
    eFiling Number: ECDLCT01075802023
    eFiling Date: 21-09-2023
    First Hearing Date: 22nd September 2023
    Decision Date: 22nd August 2024
    Court Number And Judge: 786-DISTRICT JUDGE (COMMERCIAL COURT) - 03, CENTRAL, THC

    Orders

    25
    Final Order 13Full order available
    22 Aug 2024

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS (COMM) No. 1262/23 S.K. Rahim Vs. M/s Dayal Clothiers Exports & Ors. 22.08.2024 Present: Sh. Rajeev Gupta and Sh. Archit Gupta, counsels for the plaintiff alongwith plaintiff. Sh. M.U. Haq, counsel for defendants alongwith defendant no.2. Matter is listed for tendering the affidavit of DW1/Gurmeet Singh and his cross-examination, however, it is stated that matter has been amicably settled between the parties out of Court. It is prayed that statement of…

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    Interim Order 12Full order available
    24 Jul 2024

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS (COMM) No. 1262/23 S.K. Rahim Vs. M/s Dayal Clothiers Exports & Ors. 24.07.2024 Present: Sh. Rajeev Gupta and Sh.Archit Gupta, counsels for plaintiff alongwith plaintiff. Sh. M.U. Haq, counsel for defendants alongwith defendant No.2. Matter is listed for disposal of defendants’ application U/o VIII Rule 1A(3) r/w Section 151 CPC as well as DE. Counsel for defendants submits that he does not wish to press for application U/o VIII Rule 1A(3)…

    Read Full Order
    Interim Order 11
    15 Jul 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM) No. 1262/23
    S.K. Rahim
    Vs.
    M/s Dayal Clothiers Exports & Ors.
    15.07.2024
    Present: Plaintiff in person.
    Proxy counsel for defendants.
    (joined through VC)
    Matter is listed for disposal of defendants’
    application U/o VIII Rule 1A(3) r/w Section 151 CPC as well as
    DE.
    Reply filed on behalf of plaintiff. Copy is stated to
    have been supplied to counsel for defendants.
    Adjournment prayed on behalf of defendants as
    counsel for defendants is not available.
    On request, be listed for disposal of disposal of
    defendants’ application U/o VIII Rule 1A(3) r/w Section 151
    CPC as well as DE on 24.07.2024.
    (Illa Rawat)
    District Judge (Commercial Court-03)
    Central/ THC/ Delhi.
    15.07.2024
    -- 1 of 1 --
    Interim Order 10
    12 Jul 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM) No. 1262/23
    S.K. Rahim Vs. M/s Dayal Clothiers Exports & Ors.
    12.07.2024
    Present: Plaintiff in person with proxy counsel who has
    joined through VC.
    Proxy counsel for the defendants.
    Matter is listed for DE.
    No DW present or summoned for today. An
    application U/o VIII Rule 1A(3) CPC r/w Section 151 CPC filed
    on behalf of plaintiff for placing on record additional documents
    has been put up today. Copy supplied to counsel for plaintiff
    who prays for adjournment.
    On request, matter listed for disposal of defendant’s
    application U/o VIII Rule 1A(3) CPC r/w Section 151 CPC as
    well as DE on date already fixed i.e. 15.07.2024.
    (Illa Rawat)
    District Judge (Commercial Court-03)
    Central/ THC/ Delhi.
    12.07.2024
    -- 1 of 1 --
    Interim Order 9
    08 Jul 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM) No. 1262/23
    S.K. Rahim Vs. M/s Dayal Clothiers Exports & Ors.
    08.07.2024
    Present: Sh. Rajeev Gupta and Sh.Archit Gupta, counsels for
    the plaintiff alongwith plaintiff.
    Sh. M.U. Haq, counsel for the defendants.
    Cost of Rs.9,000/- paid by counsel for defendants to
    PW1/plaintiff.
    Matter is listed for cross-examination of PW1/S.K.
    Rahim.
    PW1/S.K. Rahim recalled for cross-examination. He
    is cross-examined and discharged.
    Vide separate statement recorded today, plaintiff
    closed his evidence.
    Be listed for DE on date already fixed i.e.
    12.07.2024.
    (Illa Rawat)
    District Judge (Commercial Court-03)
    Central/ THC/ Delhi.
    08.07.2024
    -- 1 of 1 --
    Interim Order 8
    05 Jul 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM) No. 1262/23
    S.K. Rahim Vs. M/s Dayal Clotheirs Exports & Ors.
    05.07.2024
    Present: Sh. Rajeev Gupta and Sh. Archit Gupta, counsels for
    plaintiff alongwith plaintiff.
    Sh. Sandeep Kumar, counsel for defendants.
    Matter is listed for PE as well as compliance of
    directions for filing of correct affidavit of admission/denial of
    documents of plaintiff by the defendant.
    Correct affidavit of admission/denial of documents
    of plaintiff filed by the defendant.
    PW-1/S.K. Rahim tendered his evidence affidavit in
    examination in chief. Request is made for his cross-examination
    as main counsel for defendant is not available.
    At this stage witness states that he has come from
    West Bengal and does not have any place to stay in Delhi and
    that he would have to incur expenditure of Rs. 4000/- per day.
    Heard. Matter listed for cross-examination of PW-1,
    on 08.07.2024 at 12.00 noon.
    The defendant shall pay a sum of Rs. 3000/- per day
    from 06.07.2024 to 08.07.2024 to the witness towards his
    expenses for said period.
    (Illa Rawat)
    District Judge (Commercial Court-03)
    Central/ THC/ Delhi/
    05.07.2024
    -- 1 of 1 --
    Interim Order 7
    04 Jun 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM) No. 1262/23
    S.K. Rahim Vs. M/s Dayal Clotheirs Exports & Ors.
    04.06.2024
    Present: Plaintiff in person.
    Sh. Sandeep Kumar, counsel for defendants.
    Matter is listed for PE as well as compliance of
    directions for filing of correct affidavit of admission/denial of
    documents of plaintiff by the defendant.
    As per order dated 30.04.2024, defendant was
    required to file correct affidavit of admission/denial of
    documents of plaintiff, within one week of order dated
    30.04.2024. Order has not been complied with by the defendant
    till date. Counsel for defendant states that due to personal
    difficulty order could not be complied with by the defendant and
    that he shall ensure compliance within one working week from
    today.
    Order dated 30.04.2024 be positively complied with
    by the defendant within one working week from today.
    No PW present or summoned today on behalf of
    plaintiff. Affidavit of plaintiff/AR of plaintiff also not filed.
    Plaintiff prays for adjournment.
    On request, matter adjourned for PE on date already
    fixed i.e. 05.07.2024.
    (Illa Rawat)
    District Judge (Commercial Court-03)
    Central/ THC/ Delhi/04.06.2024
    -- 1 of 1 --
    Interim Order 6Full order available
    30 Apr 2024

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS (COMM) No. 1262/23 S.K. Rahim Vs. M/s Dayal Clotheirs Exports & Ors. 30.04.2024 Present: Sh. Rajeev Gupta and Sh.Archit Gupta, counsels for the plaintiff alongwith plaintiff. Sh. Sandeep Kumar, counsel for defendant. Written statement, statement of truth, affidavit of admission/denial of documents and list of documents with documents, filed on behalf of defendants on 28.02.2024, have been put up today. Perused the affidavit of admission/denial of documents filed by defendant. As…

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    Interim Order 5
    22 Mar 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM) No.1262/23
    S K RAHIM Vs. MS DAYAL CLOTHIERS EXPORTS
    22.03.2024
    Ld. Presiding Officer is on leave today.
    Present: Sh. Rajiv Gupta, counsel for the plaintiff alongwith
    plaintiff.
    Sh. Sandeep Kumar and Sh. M. U. Haque, counsel
    for the defendant.
    As per directions of Ld. Presiding Officer, be listed
    for purpose fixed on 30.04.2024.
    (READER)
    22.03.2024
    -- 1 of 1 --
    Interim Order 4Full order available
    15 Feb 2024

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS (COMM) No.1262/23 S.K.Rahim Vs. M/s Dayal Clothiers Exports & Ors. 15.02.2024 Present: Sh. Archit Gupta, counsels for the plaintiff. Sh. Sandeep Kumar, Counsel for Defendants No.1 to 3. (Vakalatnama filed.) Summons issued to the defendants no.1 to 3 through ordinary process received back unserved. That issued to defendants no.1 to 3 through speed post and RC received back unserved with the report of ‘refusal’. As per report of Nazarat Branch, summons…

    Read Full Order
    Interim Order 3Full order available
    24 Nov 2023

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS (COMM) No.1262/23 S.K.Rahim Vs. M/s Dayal Clothiers Exports & Ors. 24.11.2023 Present: Sh. Rajeev Gupta and Sh.Archit Gupta, counsels for the plaintiff. Summons yet to be issued to defendants. Documents filed on behalf of plaintiff on 21.10.2023, have been put up. Today counsel for plaintiff has filed detailed list of documents which have been annexed from pages 14 to 632 of the plaint since the original list of documents does not…

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    Interim Order 2
    21 Oct 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM) No. 1262/23
    S K RAHIM Vs. M/S DAYAL CLOTHIERS EXPORTS
    21.10.2023
    Present: Sh. Rajeev Gupta, counsel for the plaintiff along
    with plaintiff in person.
    Hard copy filed today.
    Perused documents filed along with the plaint. The
    documents at Sr. No.1 comprises of several documents from
    pages 14 to 595. The details thereof are not given either in the
    plaint or separate list. Plaintiff to file a detailed list of documents
    and mentioned invoices and GR Receipt separately.
    Subject to filing of the same, be listed for
    consideration on 24.11.2023.
    (Illa Rawat)
    District Judge (Commercial Court-03)
    Central/ THC/ Delhi.
    21.10.2023
    -- 1 of 1 --
    Interim Order 1
    22 Sept 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM) No. 1262/2023
    S.K. Rahim Vs. M/s Dayal Clothiers Exports & Ors.
    22.09.2023
    A fresh e-filed Suit for Recovery of Rs.30,17,185/-
    alongwith pendente lite and future interest is received
    through random allocation. It be checked and registered.
    Present: None for the plaintiff.
    Hard copy is awaited.
    Subject to filing of the hard copy, be listed for
    consideration on 21.10.2023.
    (Illa Rawat)
    District Judge (Commercial Court-03)
    Central/ THC/ Delhi.
    22.09.2023
    -- 1 of 1 --
    Order 12Full order available
    24 Jul 2024

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS (COMM) No. 1262/23 S.K. Rahim Vs. M/s Dayal Clothiers Exports & Ors. 24.07.2024 Present: Sh. Rajeev Gupta and Sh.Archit Gupta, counsels for plaintiff alongwith plaintiff. Sh. M.U. Haq, counsel for defendants alongwith defendant No.2. Matter is listed for disposal of defendants’ application U/o VIII Rule 1A(3) r/w Section 151 CPC as well as DE. Counsel for defendants submits that he does not wish to press for application U/o VIII Rule 1A(3)…

    Read Full Order
    Order 11
    15 Jul 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM) No. 1262/23
    S.K. Rahim
    Vs.
    M/s Dayal Clothiers Exports & Ors.
    15.07.2024
    Present: Plaintiff in person.
    Proxy counsel for defendants.
    (joined through VC)
    Matter is listed for disposal of defendants’
    application U/o VIII Rule 1A(3) r/w Section 151 CPC as well as
    DE.
    Reply filed on behalf of plaintiff. Copy is stated to
    have been supplied to counsel for defendants.
    Adjournment prayed on behalf of defendants as
    counsel for defendants is not available.
    On request, be listed for disposal of disposal of
    defendants’ application U/o VIII Rule 1A(3) r/w Section 151
    CPC as well as DE on 24.07.2024.
    (Illa Rawat)
    District Judge (Commercial Court-03)
    Central/ THC/ Delhi.
    15.07.2024
    -- 1 of 1 --
    Order 10
    12 Jul 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM) No. 1262/23
    S.K. Rahim Vs. M/s Dayal Clothiers Exports & Ors.
    12.07.2024
    Present: Plaintiff in person with proxy counsel who has
    joined through VC.
    Proxy counsel for the defendants.
    Matter is listed for DE.
    No DW present or summoned for today. An
    application U/o VIII Rule 1A(3) CPC r/w Section 151 CPC filed
    on behalf of plaintiff for placing on record additional documents
    has been put up today. Copy supplied to counsel for plaintiff
    who prays for adjournment.
    On request, matter listed for disposal of defendant’s
    application U/o VIII Rule 1A(3) CPC r/w Section 151 CPC as
    well as DE on date already fixed i.e. 15.07.2024.
    (Illa Rawat)
    District Judge (Commercial Court-03)
    Central/ THC/ Delhi.
    12.07.2024
    -- 1 of 1 --
    Order 9
    08 Jul 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM) No. 1262/23
    S.K. Rahim Vs. M/s Dayal Clothiers Exports & Ors.
    08.07.2024
    Present: Sh. Rajeev Gupta and Sh.Archit Gupta, counsels for
    the plaintiff alongwith plaintiff.
    Sh. M.U. Haq, counsel for the defendants.
    Cost of Rs.9,000/- paid by counsel for defendants to
    PW1/plaintiff.
    Matter is listed for cross-examination of PW1/S.K.
    Rahim.
    PW1/S.K. Rahim recalled for cross-examination. He
    is cross-examined and discharged.
    Vide separate statement recorded today, plaintiff
    closed his evidence.
    Be listed for DE on date already fixed i.e.
    12.07.2024.
    (Illa Rawat)
    District Judge (Commercial Court-03)
    Central/ THC/ Delhi.
    08.07.2024
    -- 1 of 1 --
    Order 8
    05 Jul 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM) No. 1262/23
    S.K. Rahim Vs. M/s Dayal Clotheirs Exports & Ors.
    05.07.2024
    Present: Sh. Rajeev Gupta and Sh. Archit Gupta, counsels for
    plaintiff alongwith plaintiff.
    Sh. Sandeep Kumar, counsel for defendants.
    Matter is listed for PE as well as compliance of
    directions for filing of correct affidavit of admission/denial of
    documents of plaintiff by the defendant.
    Correct affidavit of admission/denial of documents
    of plaintiff filed by the defendant.
    PW-1/S.K. Rahim tendered his evidence affidavit in
    examination in chief. Request is made for his cross-examination
    as main counsel for defendant is not available.
    At this stage witness states that he has come from
    West Bengal and does not have any place to stay in Delhi and
    that he would have to incur expenditure of Rs. 4000/- per day.
    Heard. Matter listed for cross-examination of PW-1,
    on 08.07.2024 at 12.00 noon.
    The defendant shall pay a sum of Rs. 3000/- per day
    from 06.07.2024 to 08.07.2024 to the witness towards his
    expenses for said period.
    (Illa Rawat)
    District Judge (Commercial Court-03)
    Central/ THC/ Delhi/
    05.07.2024
    -- 1 of 1 --
    Order 7
    04 Jun 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM) No. 1262/23
    S.K. Rahim Vs. M/s Dayal Clotheirs Exports & Ors.
    04.06.2024
    Present: Plaintiff in person.
    Sh. Sandeep Kumar, counsel for defendants.
    Matter is listed for PE as well as compliance of
    directions for filing of correct affidavit of admission/denial of
    documents of plaintiff by the defendant.
    As per order dated 30.04.2024, defendant was
    required to file correct affidavit of admission/denial of
    documents of plaintiff, within one week of order dated
    30.04.2024. Order has not been complied with by the defendant
    till date. Counsel for defendant states that due to personal
    difficulty order could not be complied with by the defendant and
    that he shall ensure compliance within one working week from
    today.
    Order dated 30.04.2024 be positively complied with
    by the defendant within one working week from today.
    No PW present or summoned today on behalf of
    plaintiff. Affidavit of plaintiff/AR of plaintiff also not filed.
    Plaintiff prays for adjournment.
    On request, matter adjourned for PE on date already
    fixed i.e. 05.07.2024.
    (Illa Rawat)
    District Judge (Commercial Court-03)
    Central/ THC/ Delhi/04.06.2024
    -- 1 of 1 --
    Order 6Full order available
    30 Apr 2024

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS (COMM) No. 1262/23 S.K. Rahim Vs. M/s Dayal Clotheirs Exports & Ors. 30.04.2024 Present: Sh. Rajeev Gupta and Sh.Archit Gupta, counsels for the plaintiff alongwith plaintiff. Sh. Sandeep Kumar, counsel for defendant. Written statement, statement of truth, affidavit of admission/denial of documents and list of documents with documents, filed on behalf of defendants on 28.02.2024, have been put up today. Perused the affidavit of admission/denial of documents filed by defendant. As…

    Read Full Order
    Order 5
    22 Mar 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM) No.1262/23
    S K RAHIM Vs. MS DAYAL CLOTHIERS EXPORTS
    22.03.2024
    Ld. Presiding Officer is on leave today.
    Present: Sh. Rajiv Gupta, counsel for the plaintiff alongwith
    plaintiff.
    Sh. Sandeep Kumar and Sh. M. U. Haque, counsel
    for the defendant.
    As per directions of Ld. Presiding Officer, be listed
    for purpose fixed on 30.04.2024.
    (READER)
    22.03.2024
    -- 1 of 1 --
    Order 4Full order available
    15 Feb 2024

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS (COMM) No.1262/23 S.K.Rahim Vs. M/s Dayal Clothiers Exports & Ors. 15.02.2024 Present: Sh. Archit Gupta, counsels for the plaintiff. Sh. Sandeep Kumar, Counsel for Defendants No.1 to 3. (Vakalatnama filed.) Summons issued to the defendants no.1 to 3 through ordinary process received back unserved. That issued to defendants no.1 to 3 through speed post and RC received back unserved with the report of ‘refusal’. As per report of Nazarat Branch, summons…

    Read Full Order
    Order 3Full order available
    24 Nov 2023

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS (COMM) No.1262/23 S.K.Rahim Vs. M/s Dayal Clothiers Exports & Ors. 24.11.2023 Present: Sh. Rajeev Gupta and Sh.Archit Gupta, counsels for the plaintiff. Summons yet to be issued to defendants. Documents filed on behalf of plaintiff on 21.10.2023, have been put up. Today counsel for plaintiff has filed detailed list of documents which have been annexed from pages 14 to 632 of the plaint since the original list of documents does not…

    Read Full Order
    Order 2
    21 Oct 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM) No. 1262/23
    S K RAHIM Vs. M/S DAYAL CLOTHIERS EXPORTS
    21.10.2023
    Present: Sh. Rajeev Gupta, counsel for the plaintiff along
    with plaintiff in person.
    Hard copy filed today.
    Perused documents filed along with the plaint. The
    documents at Sr. No.1 comprises of several documents from
    pages 14 to 595. The details thereof are not given either in the
    plaint or separate list. Plaintiff to file a detailed list of documents
    and mentioned invoices and GR Receipt separately.
    Subject to filing of the same, be listed for
    consideration on 24.11.2023.
    (Illa Rawat)
    District Judge (Commercial Court-03)
    Central/ THC/ Delhi.
    21.10.2023
    -- 1 of 1 --
    Order 1
    22 Sept 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: CS (COMM) No. 1262/2023
    S.K. Rahim Vs. M/s Dayal Clothiers Exports & Ors.
    22.09.2023
    A fresh e-filed Suit for Recovery of Rs.30,17,185/-
    alongwith pendente lite and future interest is received
    through random allocation. It be checked and registered.
    Present: None for the plaintiff.
    Hard copy is awaited.
    Subject to filing of the hard copy, be listed for
    consideration on 21.10.2023.
    (Illa Rawat)
    District Judge (Commercial Court-03)
    Central/ THC/ Delhi.
    22.09.2023
    -- 1 of 1 --

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