Interim Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 20 CS (COMM.) 22/25 DEV BHUMI COLD CHAIN PRIVATE
LIMITED VS. YADGAR FRUIT COMPANY
17.02.2026
Present : Sh. Ankit Dang, Ld. counsel for plaintiff.
Ms. Ishika Gupta, Ld. counsel for defendant (VC).
Learned counsel for plaintiff has filed an application u/o
XI Rule 1(5) of Commercial Courts Act, 2015 r/w Section 151 CPC
seeking to place on record an additional document i.e. affidavit of one
Mr. Ankur Tandon, a former employee of the plaintiff company, who
is stated to be directly involved in the transaction in question.
Heard.
It may be noted that by way of present application, the
plaintiff does not wish to place on record any document, however,
plaintiff is seeking to place on record the affidavit of former employee
of the plaintiff company. The said person can be produced by the
plaintiff as its witness, therefore, filing of the affidavit of said person
as a document by way of an application u/o XI Rule 5 of the
Commercial Courts Act r/w Section 151 CPC would not be necessary.
Accordingly, the plaintiff is at liberty to examine the said person as
witness at the stage of plaintiff's evidence, whereby the statement
made by the said witness can also be tested by way of cross-
examination. The present application filed by the plaintiff is
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accordingly dismissed with liberty to examine Mr. Ankur Tandon as a
witness on behalf of plaintiff at the time of PE.
Another application u/o XIII-A of the CPC has been
filed by the plaintiff seeking summary judgment in favour of the
plaintiff for the entire suit claim.
Reply to the said application is not filed by the
defendant despite opportunities granted on 25.07.2025, 12.09.2025
and 21.11.2025. Today also no reply to the aforesaid application is
filed on behalf of defendant.
In these circumstances, right to file reply to the
application u/o XIII-A CPC on behalf of defendant stands closed.
Learned counsel for defendant requests for an
adjournment on the ground that main counsel for defendant is not
available.
At request, renotify the matter for arguments on
application u/o XIII-A CPC on 04.05.2026.
( DEEPALI SHARMA )
District Judge (Commercial Court)-03
PHC / New Delhi / 17.02.2026
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