Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: CS (COMM) No. 1100/2024
M/s Shiva Milk Foods Vs. Asha Ram and Sons Pvt. Ltd.
26.04.2025
Present: Ms. Ritu Goyal, Ms. Ritunjaya Tiwari and Sh. Naman Kumar, Ld.
Counsels for plaintiff.
Sh. S.K. Jain and Sh. Yash Pal, Ld. Counsels for defendant.
Today, the case is fixed for final arguments.
Part final arguments heard.
During the course of final arguments, it is apprised by Ld. Counsel for
defendant that plaintiff has concealed the fact from the Court that defendant’s suit
title Asha Ram and Sons Pvt. Ltd. Vs. M/s Shiva Enterprises and Ors. CS (Comm.)
No. 1132/2023 stood decreed in favour of defendant and against the plaintiff by
the Court of Ms. Illa Rawat, Ld. DJ CC-03 Central on 05.06.2024. It is submitted
that the suit in hand was filed on 04.10.2024 i.e. after four months of suffering
thedecree arising out of the same dispute between the same parties qua common
ledger of mutual sales and purchase.
Furthermore, Court is apprised that having suffered the decree in the
above case the plaintiff herein have preferred an appeal titled Shiva Enterprises
and Ors. Vs. Asha Ram and Sons Pvt. Ltd. bearing no. RFA Comm. 380/2024
which was filed on 29.08.2024 and is subjudice before Commercial Appellate
Division Bench of Hon’ble High Court of Delhi and is coming up on hearing on
01.05.2025. In the appeal Hon’ble High Court has already directed the JD/plaintiff
herein to deposit the entire decretal amount but the same is yet to be deposited.
Even this fact has been concealed from this Court.
Although Ld. Counsel for planitiff submits that there is no
concealment but this plea is found to be ex-facie unsatisfactory since in para 4 of
affidavit of statement of truth filed under Order 6 Rule 15A of CPC plaintiff has
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already stated on oath, “I see that there is no false statement or concealment of
any material facts, document or record and I have included information i.e.
according to me, relevant for the present suit”. The above para in the affidavit of
the plaintiff is to be read with para 2 of the affidavit where it is stated by the
plaintiff on oath “I am sufficiently conversant with the facts of the case and have
also examined all relevant documents and records in relation thereto”.
As such notice under Section 379 BNSS (Section 340 Cr.PC) is
being issued to the plaintiff partnership firm and both its partners as to why perjury
proceedings be not initiated against them. Reply to the same be filed within two
weeks.
Court fees on litigation fees of Rs.5 lakhs is said to be paid. Receipt
be e-filed.
No time left.
Put up for further final arguments on 02.05.2025.
Both the parties are directed to bring original pleadings and all
the original documents for Court’s perusal on next date of hearing.
Next date of hearing is given as per convenience of parties.
(SURINDER S. RATHI)
District Judge
Commercial Court-11
Central District, THC
Delhi/26.04.2025(A)
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