Order 5

Order Details: COPY OF ORDER
Pdf Text: 8
CS 121/25
KRISHNA AND SAURASTRI ASSOCIATES LLP Vs.
N V Distilleries Private Limited
08.04.2026
Present: Ms. Jyoti Jha and Ms. Naina, Ld. Counsel for
Plaintiff.
Sh. Raahithya Raj Mishra, Sh. Aditya Singh
Raghuvanshi and Ms. Sharmishta Solanki, Ld.
Counsel for Defendant.
Affidavit of documents admission-denial alongwith
application for waiver of cost has been moved on behalf of
defendant.
The application for waiver of cost is taken up first.
Counsel for the defendant has submitted that copy of
replication was furnished to the defendant on 12.12.2025 itself at
06:00 p.m. after office hours and 13.12.2025 and 14.12.2025
were holidays being Saturday and Sunday. Thereafter, on
15.12.2025, AR was not available. Therefore, documents
admission-denial could not be conducted on 16.12.2025 and
matter was adjourned subject to cost of Rs.15,000/-.
Record reflects that on 12.08.2025, the parties were
directed to file their affidavit of documents admission-denial.
Admittedly, no document was filed alongwith the replication by
the plaintiff which warranted any action on the part of defendant
with respect to filing of documents admission-denial. The matter
was listed on 16.12.2025, after almost about four months of the
directions to the parties for filing documents admission-denial
and in these circumstances, the cost was imposed upon the
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defendant. Evidently, the application at hand also seems to be a
mere ruse to waste precious judicial time.
In view of the above, the application for waiver of
cost is dismissed subject to further cost of Rs.2,000/- to be paid
to the plaintiff.
Affidavit of documents admission-denial filed on
behalf of the defendant today. Affidavit of documents admission-
denial has already been filed on behalf of the plaintiff.
Documents admission-denial conducted.
The plaintiff has admitted the following documents:-
S.No. Document Exhibits
1 Email communication dated 09.12.2021 Ex. D-1
2 Email communication dated 23.02.2022 Ex. D-2
3 Order-sheet pertaining to case no.
OS/2101/2012
Ex. D-3
The defendant has admitted the following
documents:-
S.No. Document Exhibits
1 Copy of WS of N.V. Distilleries &
Breweries Pvt. Ltd. filed by Krishna &
Saurastri Associates in Bangalore, suit
bearing O.S. no. 2101 of 2012
Ex. P-1
The defendant has denied all other documents of the
plaintiff.
Pleadings are complete. Based upon the pleadings of
parties, following issues are framed:-
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1. Whether plaintiff is entitled to recover a sum of
Rs.55,98,686/- from the defendant? OPP
2. If issue no. 1 is decided in affirmative, whether the
plaintiff is entitled to seek interest on the decretal amount?
If yes, at what rate and for what period? OPP
3. Whether the suit of the plaintiff is barred by limitation?
OPD1 & 2
4. Whether suit of the plaint is barred by the provisions of
Commercial Courts Act, 2015? OPP
5. Relief.
No other issue either arises or pressed for.
Issues no. 3 and 4 shall be treated as preliminary
issues.
To come up for arguments on preliminary issues no.
3 and 4 in the matter on 10.08.2026.
(Dharmender Rana)
District Judge – 01
PHC/New Delhi/08.04.2026
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