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CS (COMM) - CIVIL SUIT (COMMERCIAL)

M/S STAPLE AND PACKAGING SOLUTIONS THROUGH ITS AR SUSHIL KUMAR MISHRA +1 moreVsM/S DAIWIK INTERNATIONAL THROUGH ITS PROPRIETOR SMT POOJA

CNR DLCT010135932023806-DISTRICT JUDGE (COMMERCIAL COURT) - 13, CENTRAL, THC
Tis Hazari, District Sessions Court
delhi · Delhi (DL)
CASE DISPOSED
Uncontested--COMPROMISE
Decision Date: 26th July 2024

TrustJury record updated 14 Oct 2026

Case Overview

Registration Number
1344/2023
Registration Date
10 Oct 2023

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Petitioner

    1. 1M/S STAPLE AND PACKAGING SOLUTIONS THROUGH ITS AR SUSHIL KUMAR MISHRA
    2. 2M/S STAPLE AND PACKAGING SOLUTION THROUGH ITS AR SUSHIL KUMAR MISHRA

    Respondent

    1. 1M/S DAIWIK INTERNATIONAL THROUGH ITS PROPRIETOR SMT POOJA

    Acts & Sections

    1
    Recovery of Money · Sec 1 · 2 · ACT · C · COMMERCIAL · COURT · OF

    Case History / Proceedings

    Case History
    Date: 10-10-2023
Business: MISC
Next Purpose: Misc. cases/purpose
Next Hearing Date: 17-11-2023

Date: 17-11-2023
Business: F/P
Next Purpose: Misc. cases/purpose
Next Hearing Date: 05-12-2023

Date: 05-12-2023
Business: SCM
Next Purpose: For Case Management Hearing
Next Hearing Date: 15-12-2023

Date: 15-12-2023
Business: PE
Next Purpose: Plaintiff/Petitioner Evidence
Next Hearing Date: 08-01-2024

Date: 08-01-2024
Business: MISC
Next Purpose: Plaintiff/Petitioner Evidence
Next Hearing Date: 10-01-2024

Date: 10-01-2024
Business: MISC
Next Purpose: Plaintiff/Petitioner Evidence
Next Hearing Date: 16-01-2024

Date: 16-01-2024
Business: PE
Next Purpose: Plaintiff/Petitioner Evidence
Next Hearing Date: 03-02-2024

Date: 03-02-2024
Business: REPLY AND ARGUMENT
Next Purpose: Arguments
Next Hearing Date: 08-02-2024

Date: 08-02-2024
Business: ARGUMENT
Next Purpose: Arguments
Next Hearing Date: 23-02-2024

Date: 23-02-2024
Business: misc
Next Purpose: Arguments
Next Hearing Date: 06-03-2024

Date: 06-03-2024
Business: misc
Next Purpose: Misc./ Arguments
Next Hearing Date: 22-03-2024

Date: 22-03-2024
Business: MISC
Next Purpose: Misc. Arguments
Next Hearing Date: 09-04-2024

Date: 09-04-2024
Business: FURTHER ARGUMENT
Next Purpose: Misc. Arguments
Next Hearing Date: 18-04-2024

Date: 18-04-2024
Business: LD. P.O. IS ON LEAVE TODAY. METTER IS FOR PURPOSE FIXED
Next Purpose: Misc. Arguments
Next Hearing Date: 30-04-2024

Date: 30-04-2024
Business: argument
Next Purpose: Misc. Arguments
Next Hearing Date: 10-05-2024

Date: 10-05-2024
Business: 7 RULE 11 DISMISSED
Next Purpose: Plaintiff/Petitioner Evidence
Next Hearing Date: 30-05-2024

Date: 30-05-2024
Business: DE
Next Purpose: Defence Evidence
Next Hearing Date: 08-07-2024

Date: 08-07-2024
Business: DE
Next Purpose: Defence Evidence
Next Hearing Date: 26-07-2024

Date: 26-07-2024
Business: MISC
Nature Of Disposal: COMPROMISE
Disposal Date: 26-07-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 8518/2023
Filing Date: 23-09-2023
eFiling Number: ECDLCT01076972023
eFiling Date: 23-09-2023
First Hearing Date: 10th October 2023
Decision Date: 26th July 2024
Court Number And Judge: 806-DISTRICT JUDGE (COMMERCIAL COURT) - 13, CENTRAL, THC

    Orders

    35
    Final Order 18
    26 Jul 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 7CS (COMM)1344/23
M/S STAPLE AND PACKAGING SOLUTIONS THROUGH
ITS ARSUSHIL KUMAR MISHRA Vs. M/S DAIWIK
INTERNATIONALTHROUGH ITS PROPRIETOR SMT
POOJA
26.07.2024
Present: Sh. Dinesh Tiwari and Ms. Anju R. Mishra, Ld.
Counsels for plaintiff alongwith AR of plaintiff
firm.
Ms. Namita Dandona, Ld. Counsel for defendant
alongwith AR of defendant firm.
It is stated that matter has been amicably settled
between the parties. Joint statement of AR of the plaintiff firm as
well as proprietor/AR of defendant firm has also been recorded
separately to this effect. Original demand draft/pay order of the
settlement amount of Rs. 4,54,417/- has been handed over to the
AR of plaintiff firm against receipt.
In view of the above, the present suit stands
disposed off as settled/compromised.
File be consigned to Record Room after due
compliance.
(M. K. Nagpal)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/26.07.2024(mb)
-- 1 of 1 --
    Interim Order 17
    08 Jul 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 10CS (COMM)1344/23
M/S STAPLE AND PACKAGING SOLUTIONS THROUGH
ITS ARSUSHIL KUMAR MISHRA Vs. M/S DAIWIK
INTERNATIONALTHROUGH ITS PROPRIETOR SMT
POOJA
08.07.2024
Present: Sh. Dinesh Tiwari, Ld. Counsel for plaintiff.
AR of defendant in person.
Costs of Rs. 10,000/- has been paid by AR of
defendant to Ld. Counsel for plaintiff today.
It is stated that main counsel for defendant is not
available today. No affidavit of any DW has been prepared or
filed on record till date.
At request, last opportunity is being given for DE
for 26.07.2024. Advance copies of affidavits of DWs be
supplied to the opposite counsel.
(M. K. Nagpal)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/08.07.2024(mb)
-- 1 of 1 --
    Interim Order 16
    30 May 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM)1344/23
M/S STAPLE AND PACKAGING SOLUTIONS Vs. M/S
DAIWIK INTERNATIONAL
30.05.2024
Present: Sh. Dinesh Tiwari, Ld. Counsel for plaintiff.
None for defendant.
PW3 Sh. Neeraj Sahu, Inspector from Central Tax,
GST Division-Karol Bagh has been examined and discharged on
payment of diet money of Rs. 500/-. His cross examination has
been treated as nil because none has turned up for defendant
despite repeated call since morning and it is already 11.20am. PE
has been closed by Ld. Counsel for plaintiff vide a separate
statement.
List the matter now on 08.07.2024 for DE.
(M. K. Nagpal)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/30.05.2024(s)
-- 1 of 1 --
    Interim Order 15
    10 May 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM)1344/23
M/S STAPLE AND PACKAGING SOLUTIONS Vs. M/S
DAIWIK INTERNATIONAL
10.05.2024
Present: Ms. Seema Mishra, Ld. Counsel for plaintiff.
Vide separate order, the application under Order 7
Rule 11 read with Section 151 CPC filed by defendant has been
dismissed with a cost of Rs. 10,000/- to be paid by defendant to
the plaintiff. Since issue no.1 on the above point of limitation
was also earlier framed by the court and onus to prove the same
was placed upon the defendant, the said issue has also now been
decided accordingly in favour of the plaintiff and against the
defendant in terms of said order.
List the matter now on 30.05.2024 for payment of
cost/RPE and last opportunity is being given for RPE and
witness with record from GST office in terms of previous order
dated 10.01.2024 is directed to be summoned for next date. Steps
be taken within a week.
(M. K. Nagpal)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/10.05.2024
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    Interim Order 14Full order available
    10 May 2024

    Order Details: COPY OF ORDER Pdf Text: IN THE COURT OF SH. M. K. NAGPAL, DISTRICT JUDGE (COMMERCIAL COURT)-13, CENTRAL DISTRICT, TIS HAZARI COURTS, DELHI CS (COMM.) NO. 1344/2023 IN THE MATTER OF: M/s. Staple & Packaging Solutions …….Plaintiff Vs. M/s. Daiwik International …....Defendant ORDER ON APPLICATION UNDER ORDER 7 RULE 11 READ WITH SECTION 151 CPC OF THE DEFENDANT O R D E R 10.05.2024 1. By this order, I shall dispose of an application under Order 7 Rule…

    Read Full Order
    Interim Order 13
    30 Apr 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM)1344/23
M/S STAPLE AND PACKAGING SOLUTIONS Vs. M/S DAIWIK
INTERNATIONAL
30.04.2024
Present: None for plaintiff.
Ms. Namita D. Tomar, Ld. Counsel for defendant, along
with Sh. Ajay Vashisht and Sh. Akhilesh, Advocates.
None has appeared on behalf of the plaintiff since morning
and it is already 3pm.
Earlier substantial arguments on the application of
defendant under Order 7 Rule 11 read with Section 151 CPC were heard
and one judgment of the court of concurrent jurisdiction was to be filed
by defendant, which has now been filed.
List the matter on 10.05.2024 at 3pm for
consideration/orders on the above application. Parties shall be at liberty
to file brief written submissions with case law, if any, within a week
from today.
(M. K. Nagpal)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/30.04.2024
-- 1 of 1 --
    Interim Order 12
    09 Apr 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 11 CS (COMM) 1344/23
M/S STAPLE AND PACKAGING SOLUTIONS Vs. M/S
DAIWIK INTERNATIONAL
09.04.2024
Present: Ms. Seema Mishra, Ld. Counsel for plaintiff.
None for defendant.
None has appeared on behalf of defendant despite
waiting till 12.20 P.M. Be awaited till 2 P.M.
(M.K Nagpal)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/09.04.2024(MB)
(At 3.40 P.M)
Present: Ms. Seema Mishra, Ld. Counsel for plaintiff
through V.C.
Ms. Namita Dandona, Ld. Counsel for defendant
through V.C.
Arguments partly heard on the pending application
U/O 7 Rule 11 CPC of defendant.
As requested, list the matter now on 18.04.2024 for
further arguments on above said application.
(M.K Nagpal)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/09.04.2024(MB)
-- 1 of 1 --
    Interim Order 11
    22 Mar 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM)1344/23
M/S STAPLE AND PACKAGING SOLUTIONS
Vs. M/S DAIWIK INTERNATIONAL
22.03.2024
Present: Ms. Seema Mishra, Ld. Counsel for plaintiff.
None for defendant.
Matter is fixed today for hearing further arguments
on the application of defendant under Order 7 Rule 11 CPC, but
the arguments were earlier addressed before my Ld. Predecessor
and the arguments will have to be re-heard.
Since none has appeared for defendant till 12.50 pm
and as requested by Ld. Counsel for plaintiff, the matter is now
directed to be listed on 09.04.2023 at 12 noon for arguments on
above said application.
(M.K Nagpal)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/22.03.2024(sa)
At this stage, Sh. Akhilesh, Proxy for main counsel
for defendant Ms. Namita has appeared and he has been apprised
about the proceedings and the next date of hearing.
(M.K Nagpal)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/22.03.2024(sa)
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    Interim Order 10
    06 Mar 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM)1344/23
M/S STAPLE AND PACKAGING SOLUTIONS THROUGH
ITS ARSUSHIL KUMAR MISHRA Vs. M/S DAIWIK
INTERNATIONAL THROUGH ITS PROPRIETOR SMT
POOJA
06.03.2024
Present: Ms. Seema Mishra and mr. Firoz Khan, ld. counsels
for plaintiff.
Mr. Akhilesh, proxy counsel, ld. counsel for
defendant.
Heard partly on application u/o. VII Rule 11 CPC.
Put up for further arguments on above-said
application on 22.03.2024 at 12.30 p.m.
(Sanjeev Kumar Singh)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/06.03.2024/(rk)
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    Interim Order 9
    23 Feb 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM)1344/23
M/S STAPLE AND PACKAGING SOLUTIONS THROUGH
Vs. M/S DAIWIK INTERNATION
23.02.2024
Present: Sh. Dinesh Tiwari, ld. counsel for plaintiff.
Ms. Namita ld. counsel for defendant.
Arguments heard on the part of defendant on the
application u/o 7 rule 11 CPC.
Put up for further arguments on 06.03.2024 at
12.30 P.M.
(Sanjeev Kumar Singh)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/23.02.2024 (MB)
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    Interim Order 8
    08 Feb 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM)1344/23
M/S STAPLE AND PACKAGING SOLUTIONS THROUGH
ITS ARSUSHIL KUMAR MISHRA Vs. M/S DAIWIK
INTERNATIONALTHROUGH ITS PROPRIETOR SMT
POOJA
08.02.2024
Present: Ms. Seema Mishra, ld. counsel for plaintiff.
Ms. Namita, ld. counsel for defendant along with
Proprietor of defendant in person.
Reply filed on behalf of plaintiff to the application
u/o. VII Rule 11 CPC. Copy given.
Put up for arguments on above-said application on
23.02.2024 at 2.00 p.m.
(Sanjeev Kumar Singh)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/08.02.2024/(rk)
-- 1 of 1 --
    Interim Order 6
    16 Jan 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM)1344/23
M/S STAPLE AND PACKAGING SOLUTIONS THROUGH
ITS ARSUSHIL KUMAR MISHRA Vs. M/S DAIWIK
INTERNATIONALTHROUGH ITS PROPRIETOR SMT
POOJA
16.01.2024
Present: Sh. Dinesh Tiwari ld. counsel for plaintiff
alongwith PW-1.
Ms. Namita and Sh. Akhilesh Rajput, ld. counsels
for defendant alongwith Proprietor of defendant.
PW-1 cross-examined and discharged.
An application under Order VII Rule 11 CPC moved
on behalf of defendant. Copy given.
To come up for reply & arguments on above-said
application on 03.02.2024.
(Sanjeev Kumar Singh)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/16.01.2024/(rk)
-- 1 of 1 --
    Interim Order 7
    10 Jan 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM)1344/23
M/S STAPLE AND PACKAGING SOLUTIONS THROUGH
ITS ARSUSHIL KUMAR MISHRA Vs. M/S DAIWIK
INTERNATIONALTHROUGH ITS PROPRIETOR SMT
POOJA
10.01.2024
Present: Sh. Dinesh Tiwari, ld. counsel for plaintiff.
Defendant in person.
PW Sh. Praveen Kumar from the department of
Trade & Taxes, Vyapar Bhawan, I.P Estate, New Delhi is present
and has produced the concerned summoned record. He is
examined as PW-2 and discharged. Diet money is paid to the
witness.
Plaintiff is at liberty to take appropriate steps for
summoning of record pertaining to M/s Daiwik International
from Central GST department for the next date of hearing.
Put up for further P.E on date already fixed i.e.
16.01.2024.
(Sanjeev Kumar Singh)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/10.01.2024/(MB)
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    Interim Order 5
    08 Jan 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 16CS (COMM)1344/23
M/S STAPLE AND PACKAGING SOLUTIONS THROUGH ITS
ARSUSHIL KUMAR MISHRA Vs. M/S DAIWIK INTERNATIONAL
08.01.2024
Present: Sh. Dinesh Tiwari ld. counsel for plaintiff
alongwith PW-1.
Sh. Akhilesh, ld. Proxy counsel for defendant.
PW-1 examined in chief.
It is submitted by ld. proxy counsel for defendant that
main counsel will be available later on. Accordingly, matter is
adjourned for cross examination of PW-1 at 12.30 P.M.
(Sanjeev Kumar Singh)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/08.01.2024/(MB)
(At 12.30 P.M)
Present: Sh. Dinesh Tiwari ld. counsel for plaintiff
alongwith PW-1.
Sh. Vishal Tomar, ld. Proxy counsel for defendant.
At this stage, it is submitted by ld. proxy counsel for
defendant that suddenly the ld. main counsel for defendant received
information regarding demise of her maternal grand-mother. It is
prayed that cross examination of PW-1 may be deferred accordingly.
In these circumstances, cross examination of PW-1 is
deferred.
Put up for further P.E on date already fixed i.e.
10.01.2024.
(Sanjeev Kumar Singh)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/08.01.2024/(MB)
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    Interim Order 4Full order available
    15 Dec 2023

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS (COMM)1344/23 M/S STAPLE AND PACKAGING SOLUTIONS THROUGH ITS ARSUSHIL KUMAR MISHRA Vs. M/S DAIWIK INTERNATIONALTHROUGH ITS PROPRIETOR SMT POOJA 15.12.2023 Present: Sh. Dinesh Tiwari, ld. counsel for plaintiff. None for defendant. List of witnesses alongwith evidence affidavit of PW-1 filed on behalf of plaintiff. Copy already supplied. Put up for appearance of defendant at 11.30 A.M. (Sanjeev Kumar Singh) District Judge, Commercial Court-13 Central District, Tis Hazari Courts, Delhi/15.12.2023 (MB) (At…

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    Interim Order 3Full order available
    05 Dec 2023

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS (COMM)1344/23 M/S STAPLE AND PACKAGING SOLUTIONS THROUGH ITS ARSUSHIL KUMAR MISHRA Vs. M/S DAIWIK INTERNATIONALTHROUGH ITS PROPRIETOR SMT POOJA 05.12.2023 Present: Sh. Dinesh Tiwari, ld. counsel for plaintiff. Sh. Shailender Mishra, ld. counsel for defendant. Replication filed on behalf of plaintiff. Copy supplied to Ld. Counsel for defendant. This is the First Case Management hearing in this case. On the basis of the pleadings, the following issues are framed: 1) Whether…

    Read Full Order
    Interim Order 2
    17 Nov 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM)1344/23
M/S STAPLE AND PACKAGING SOLUTIONS THROUGH
ITS ARSUSHIL KUMAR MISHRA Vs. M/S DAIWIK
INTERNATIONALTHROUGH ITS PROPRIETOR SMT
POOJA
17.11.2023
Present: Sh.Dinesh Tiwari, ld. Counsel for plaintiff through
VC.
Proxy counsel for defendant.
Be awaited.
Put up at 12.30 p.m.
(Sanjeev Kumar Singh)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/17.11.2023/(rk)
At 12.30 p.m.
Present: Sh.Dinesh Tiwari, ld. counsel for plaintiff through
VC.
Ms. Pooja, proprietor for defendant in person
alongwith proxy counsel
Vakalatnama filed on behalf of defendant. Same is
taken on record.
It is submitted that summons served upon the
brother-in-law of defendant on 27.10.2023.
Case is adjourned for further proceedings/filing of
WS on behalf of defendant within the statutorily prescribed
period from the date of service of summons with advance copy
to the opposite party.
Put up on 05.12.2023.
(Sanjeev Kumar Singh)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/17.11.2023/(rk)
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    Interim Order 1Full order available
    10 Oct 2023

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS(Comm) No. 402/23 M/S STAPLIES & PACKAGING SOLUTIONS 10.10.2023 Fresh suit for recovery received by way of assignment. It be checked and registered, as per rules. Present: Ms. Seema Mishra, Ld. Counsel for plaintiff(through V.C) Hard copy of suit filed on some earlier date is already on record. It is accompanied by statement of truth, non-starter report and Court fees. Reader is required to report regarding the adequacy of the Court Fees.…

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    Order 17
    08 Jul 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 10CS (COMM)1344/23
M/S STAPLE AND PACKAGING SOLUTIONS THROUGH
ITS ARSUSHIL KUMAR MISHRA Vs. M/S DAIWIK
INTERNATIONALTHROUGH ITS PROPRIETOR SMT
POOJA
08.07.2024
Present: Sh. Dinesh Tiwari, Ld. Counsel for plaintiff.
AR of defendant in person.
Costs of Rs. 10,000/- has been paid by AR of
defendant to Ld. Counsel for plaintiff today.
It is stated that main counsel for defendant is not
available today. No affidavit of any DW has been prepared or
filed on record till date.
At request, last opportunity is being given for DE
for 26.07.2024. Advance copies of affidavits of DWs be
supplied to the opposite counsel.
(M. K. Nagpal)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/08.07.2024(mb)
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    Order 16
    30 May 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM)1344/23
M/S STAPLE AND PACKAGING SOLUTIONS Vs. M/S
DAIWIK INTERNATIONAL
30.05.2024
Present: Sh. Dinesh Tiwari, Ld. Counsel for plaintiff.
None for defendant.
PW3 Sh. Neeraj Sahu, Inspector from Central Tax,
GST Division-Karol Bagh has been examined and discharged on
payment of diet money of Rs. 500/-. His cross examination has
been treated as nil because none has turned up for defendant
despite repeated call since morning and it is already 11.20am. PE
has been closed by Ld. Counsel for plaintiff vide a separate
statement.
List the matter now on 08.07.2024 for DE.
(M. K. Nagpal)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/30.05.2024(s)
-- 1 of 1 --
    Order 15
    10 May 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM)1344/23
M/S STAPLE AND PACKAGING SOLUTIONS Vs. M/S
DAIWIK INTERNATIONAL
10.05.2024
Present: Ms. Seema Mishra, Ld. Counsel for plaintiff.
Vide separate order, the application under Order 7
Rule 11 read with Section 151 CPC filed by defendant has been
dismissed with a cost of Rs. 10,000/- to be paid by defendant to
the plaintiff. Since issue no.1 on the above point of limitation
was also earlier framed by the court and onus to prove the same
was placed upon the defendant, the said issue has also now been
decided accordingly in favour of the plaintiff and against the
defendant in terms of said order.
List the matter now on 30.05.2024 for payment of
cost/RPE and last opportunity is being given for RPE and
witness with record from GST office in terms of previous order
dated 10.01.2024 is directed to be summoned for next date. Steps
be taken within a week.
(M. K. Nagpal)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/10.05.2024
-- 1 of 1 --
    Order 14Full order available
    10 May 2024

    Order Details: COPY OF ORDER Pdf Text: IN THE COURT OF SH. M. K. NAGPAL, DISTRICT JUDGE (COMMERCIAL COURT)-13, CENTRAL DISTRICT, TIS HAZARI COURTS, DELHI CS (COMM.) NO. 1344/2023 IN THE MATTER OF: M/s. Staple & Packaging Solutions …….Plaintiff Vs. M/s. Daiwik International …....Defendant ORDER ON APPLICATION UNDER ORDER 7 RULE 11 READ WITH SECTION 151 CPC OF THE DEFENDANT O R D E R 10.05.2024 1. By this order, I shall dispose of an application under Order 7 Rule…

    Read Full Order
    Order 13
    30 Apr 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM)1344/23
M/S STAPLE AND PACKAGING SOLUTIONS Vs. M/S DAIWIK
INTERNATIONAL
30.04.2024
Present: None for plaintiff.
Ms. Namita D. Tomar, Ld. Counsel for defendant, along
with Sh. Ajay Vashisht and Sh. Akhilesh, Advocates.
None has appeared on behalf of the plaintiff since morning
and it is already 3pm.
Earlier substantial arguments on the application of
defendant under Order 7 Rule 11 read with Section 151 CPC were heard
and one judgment of the court of concurrent jurisdiction was to be filed
by defendant, which has now been filed.
List the matter on 10.05.2024 at 3pm for
consideration/orders on the above application. Parties shall be at liberty
to file brief written submissions with case law, if any, within a week
from today.
(M. K. Nagpal)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/30.04.2024
-- 1 of 1 --
    Order 12
    09 Apr 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 11 CS (COMM) 1344/23
M/S STAPLE AND PACKAGING SOLUTIONS Vs. M/S
DAIWIK INTERNATIONAL
09.04.2024
Present: Ms. Seema Mishra, Ld. Counsel for plaintiff.
None for defendant.
None has appeared on behalf of defendant despite
waiting till 12.20 P.M. Be awaited till 2 P.M.
(M.K Nagpal)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/09.04.2024(MB)
(At 3.40 P.M)
Present: Ms. Seema Mishra, Ld. Counsel for plaintiff
through V.C.
Ms. Namita Dandona, Ld. Counsel for defendant
through V.C.
Arguments partly heard on the pending application
U/O 7 Rule 11 CPC of defendant.
As requested, list the matter now on 18.04.2024 for
further arguments on above said application.
(M.K Nagpal)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/09.04.2024(MB)
-- 1 of 1 --
    Order 11
    22 Mar 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM)1344/23
M/S STAPLE AND PACKAGING SOLUTIONS
Vs. M/S DAIWIK INTERNATIONAL
22.03.2024
Present: Ms. Seema Mishra, Ld. Counsel for plaintiff.
None for defendant.
Matter is fixed today for hearing further arguments
on the application of defendant under Order 7 Rule 11 CPC, but
the arguments were earlier addressed before my Ld. Predecessor
and the arguments will have to be re-heard.
Since none has appeared for defendant till 12.50 pm
and as requested by Ld. Counsel for plaintiff, the matter is now
directed to be listed on 09.04.2023 at 12 noon for arguments on
above said application.
(M.K Nagpal)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/22.03.2024(sa)
At this stage, Sh. Akhilesh, Proxy for main counsel
for defendant Ms. Namita has appeared and he has been apprised
about the proceedings and the next date of hearing.
(M.K Nagpal)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/22.03.2024(sa)
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    Order 10
    06 Mar 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM)1344/23
M/S STAPLE AND PACKAGING SOLUTIONS THROUGH
ITS ARSUSHIL KUMAR MISHRA Vs. M/S DAIWIK
INTERNATIONAL THROUGH ITS PROPRIETOR SMT
POOJA
06.03.2024
Present: Ms. Seema Mishra and mr. Firoz Khan, ld. counsels
for plaintiff.
Mr. Akhilesh, proxy counsel, ld. counsel for
defendant.
Heard partly on application u/o. VII Rule 11 CPC.
Put up for further arguments on above-said
application on 22.03.2024 at 12.30 p.m.
(Sanjeev Kumar Singh)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/06.03.2024/(rk)
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    Order 9
    23 Feb 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM)1344/23
M/S STAPLE AND PACKAGING SOLUTIONS THROUGH
Vs. M/S DAIWIK INTERNATION
23.02.2024
Present: Sh. Dinesh Tiwari, ld. counsel for plaintiff.
Ms. Namita ld. counsel for defendant.
Arguments heard on the part of defendant on the
application u/o 7 rule 11 CPC.
Put up for further arguments on 06.03.2024 at
12.30 P.M.
(Sanjeev Kumar Singh)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/23.02.2024 (MB)
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    Order 8
    08 Feb 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM)1344/23
M/S STAPLE AND PACKAGING SOLUTIONS THROUGH
ITS ARSUSHIL KUMAR MISHRA Vs. M/S DAIWIK
INTERNATIONALTHROUGH ITS PROPRIETOR SMT
POOJA
08.02.2024
Present: Ms. Seema Mishra, ld. counsel for plaintiff.
Ms. Namita, ld. counsel for defendant along with
Proprietor of defendant in person.
Reply filed on behalf of plaintiff to the application
u/o. VII Rule 11 CPC. Copy given.
Put up for arguments on above-said application on
23.02.2024 at 2.00 p.m.
(Sanjeev Kumar Singh)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/08.02.2024/(rk)
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    Order 6
    16 Jan 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM)1344/23
M/S STAPLE AND PACKAGING SOLUTIONS THROUGH
ITS ARSUSHIL KUMAR MISHRA Vs. M/S DAIWIK
INTERNATIONALTHROUGH ITS PROPRIETOR SMT
POOJA
16.01.2024
Present: Sh. Dinesh Tiwari ld. counsel for plaintiff
alongwith PW-1.
Ms. Namita and Sh. Akhilesh Rajput, ld. counsels
for defendant alongwith Proprietor of defendant.
PW-1 cross-examined and discharged.
An application under Order VII Rule 11 CPC moved
on behalf of defendant. Copy given.
To come up for reply & arguments on above-said
application on 03.02.2024.
(Sanjeev Kumar Singh)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/16.01.2024/(rk)
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    Order 7
    10 Jan 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM)1344/23
M/S STAPLE AND PACKAGING SOLUTIONS THROUGH
ITS ARSUSHIL KUMAR MISHRA Vs. M/S DAIWIK
INTERNATIONALTHROUGH ITS PROPRIETOR SMT
POOJA
10.01.2024
Present: Sh. Dinesh Tiwari, ld. counsel for plaintiff.
Defendant in person.
PW Sh. Praveen Kumar from the department of
Trade & Taxes, Vyapar Bhawan, I.P Estate, New Delhi is present
and has produced the concerned summoned record. He is
examined as PW-2 and discharged. Diet money is paid to the
witness.
Plaintiff is at liberty to take appropriate steps for
summoning of record pertaining to M/s Daiwik International
from Central GST department for the next date of hearing.
Put up for further P.E on date already fixed i.e.
16.01.2024.
(Sanjeev Kumar Singh)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/10.01.2024/(MB)
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    Order 5
    08 Jan 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 16CS (COMM)1344/23
M/S STAPLE AND PACKAGING SOLUTIONS THROUGH ITS
ARSUSHIL KUMAR MISHRA Vs. M/S DAIWIK INTERNATIONAL
08.01.2024
Present: Sh. Dinesh Tiwari ld. counsel for plaintiff
alongwith PW-1.
Sh. Akhilesh, ld. Proxy counsel for defendant.
PW-1 examined in chief.
It is submitted by ld. proxy counsel for defendant that
main counsel will be available later on. Accordingly, matter is
adjourned for cross examination of PW-1 at 12.30 P.M.
(Sanjeev Kumar Singh)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/08.01.2024/(MB)
(At 12.30 P.M)
Present: Sh. Dinesh Tiwari ld. counsel for plaintiff
alongwith PW-1.
Sh. Vishal Tomar, ld. Proxy counsel for defendant.
At this stage, it is submitted by ld. proxy counsel for
defendant that suddenly the ld. main counsel for defendant received
information regarding demise of her maternal grand-mother. It is
prayed that cross examination of PW-1 may be deferred accordingly.
In these circumstances, cross examination of PW-1 is
deferred.
Put up for further P.E on date already fixed i.e.
10.01.2024.
(Sanjeev Kumar Singh)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/08.01.2024/(MB)
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    Order 4Full order available
    15 Dec 2023

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS (COMM)1344/23 M/S STAPLE AND PACKAGING SOLUTIONS THROUGH ITS ARSUSHIL KUMAR MISHRA Vs. M/S DAIWIK INTERNATIONALTHROUGH ITS PROPRIETOR SMT POOJA 15.12.2023 Present: Sh. Dinesh Tiwari, ld. counsel for plaintiff. None for defendant. List of witnesses alongwith evidence affidavit of PW-1 filed on behalf of plaintiff. Copy already supplied. Put up for appearance of defendant at 11.30 A.M. (Sanjeev Kumar Singh) District Judge, Commercial Court-13 Central District, Tis Hazari Courts, Delhi/15.12.2023 (MB) (At…

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    Order 3Full order available
    05 Dec 2023

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS (COMM)1344/23 M/S STAPLE AND PACKAGING SOLUTIONS THROUGH ITS ARSUSHIL KUMAR MISHRA Vs. M/S DAIWIK INTERNATIONALTHROUGH ITS PROPRIETOR SMT POOJA 05.12.2023 Present: Sh. Dinesh Tiwari, ld. counsel for plaintiff. Sh. Shailender Mishra, ld. counsel for defendant. Replication filed on behalf of plaintiff. Copy supplied to Ld. Counsel for defendant. This is the First Case Management hearing in this case. On the basis of the pleadings, the following issues are framed: 1) Whether…

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    Order 2
    17 Nov 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM)1344/23
M/S STAPLE AND PACKAGING SOLUTIONS THROUGH
ITS ARSUSHIL KUMAR MISHRA Vs. M/S DAIWIK
INTERNATIONALTHROUGH ITS PROPRIETOR SMT
POOJA
17.11.2023
Present: Sh.Dinesh Tiwari, ld. Counsel for plaintiff through
VC.
Proxy counsel for defendant.
Be awaited.
Put up at 12.30 p.m.
(Sanjeev Kumar Singh)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/17.11.2023/(rk)
At 12.30 p.m.
Present: Sh.Dinesh Tiwari, ld. counsel for plaintiff through
VC.
Ms. Pooja, proprietor for defendant in person
alongwith proxy counsel
Vakalatnama filed on behalf of defendant. Same is
taken on record.
It is submitted that summons served upon the
brother-in-law of defendant on 27.10.2023.
Case is adjourned for further proceedings/filing of
WS on behalf of defendant within the statutorily prescribed
period from the date of service of summons with advance copy
to the opposite party.
Put up on 05.12.2023.
(Sanjeev Kumar Singh)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/17.11.2023/(rk)
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    Order 1Full order available
    10 Oct 2023

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS(Comm) No. 402/23 M/S STAPLIES & PACKAGING SOLUTIONS 10.10.2023 Fresh suit for recovery received by way of assignment. It be checked and registered, as per rules. Present: Ms. Seema Mishra, Ld. Counsel for plaintiff(through V.C) Hard copy of suit filed on some earlier date is already on record. It is accompanied by statement of truth, non-starter report and Court fees. Reader is required to report regarding the adequacy of the Court Fees.…

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