Skip to main content
C.S. (COMM) - CIVIL SUIT (COMMERCIAL)

Sh Mohd AmirVsDiwan Singh Yadav

CNR DLNE010019852024763-District Judge - Commercial Court
Karkardooma North-East, District Sessions Court
delhi · Delhi (DL)
CASE DISPOSED
Contested--DECREED
Decision Date: 08th May 2025

TrustJury record updated 19 Oct 2026

Case Overview

Registration Number
71/2024
Registration Date
11 Jul 2024

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Sh Mohd Amir

    Respondent

    1. 1Diwan Singh Yadav

    Acts & Sections

    1
    Civil Procedure Code 1908 · Sec 151

    Case History / Proceedings

    Case History
    Date: 15-07-2024
Business: Adj. sought on behalf of the plaintiff
Next Purpose: Misc. cases
Next Hearing Date: 24-07-2024

Date: 24-07-2024
Business: Summons for settlement
Next Purpose: Misc. cases
Next Hearing Date: 17-08-2024

Date: 17-08-2024
Business: for framing of issues
Next Purpose: Issues
Next Hearing Date: 18-09-2024

Date: 18-09-2024
Business: WS filed.
Next Purpose: Misc. Arguments
Next Hearing Date: 01-10-2024

Date: 01-10-2024
Business: Arguments heard
Next Purpose: Order
Next Hearing Date: 25-10-2024

Date: 25-10-2024
Business: Application allowed
Next Purpose: Misc. cases
Next Hearing Date: 06-11-2024

Date: 06-11-2024
Business: Adjourn for framing of issues.
Next Purpose: Issues
Next Hearing Date: 25-11-2024

Date: 25-11-2024
Business: Heard
Next Purpose: Issues
Next Hearing Date: 07-12-2024

Date: 07-12-2024
Business: Arguments heard on applications
Next Purpose: Order
Next Hearing Date: 08-01-2025

Date: 08-01-2025
Business: One application allowed and another is dismissed.
Next Purpose: Issues
Next Hearing Date: 22-01-2025

Date: 22-01-2025
Business: Issues framed
Next Purpose: Plaintiff/Petitioner Evidence
Next Hearing Date: 15-02-2025

Date: 15-02-2025
Business: PW1 cross examine
Next Purpose: Plaintiff/Petitioner Evidence
Next Hearing Date: 25-02-2025

Date: 25-02-2025
Business: no witness present
Next Purpose: Plaintiff/Petitioner Evidence
Next Hearing Date: 18-03-2025

Date: 18-03-2025
Business: PW2 cross examined
Next Purpose: Defendant/Respondent Evidence
Next Hearing Date: 02-04-2025

Date: 02-04-2025
Business: DW1 and 2 cross examine
Next Purpose: Final Arguments
Next Hearing Date: 26-04-2025

Date: 26-04-2025
Business: Part final arguments heard
Next Purpose: Final Arguments
Next Hearing Date: 07-05-2025

Date: 07-05-2025
Business: Remaining arguments heard
Next Purpose: Judgement
Next Hearing Date: 08-05-2025

Date: 08-05-2025
Business: decreed
Nature Of Disposal: DECREED
Disposal Date: 08-05-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 970/2024
Filing Date: 11-07-2024
eFiling Number: ADL20230013341C202400028
eFiling Date: 11-07-2024
First Hearing Date: 15th July 2024
Decision Date: 08th May 2025
Court Number And Judge: 763-District Judge - Commercial Court

    Orders

    44
    Final Order 23Full order available
    08 May 2025

    Order Details: COPY OF JUDGMENT Pdf Text: IN THE COURT OF SANJEEV KUMAR MALHOTRA DISTRICT JUDGE (COMMERCIAL COURT) NORTH EAST: KARKARDOOMA COURTS: DELHI CS (Comm.) 71/24 CNR No.DLNE01-001985-2024 Mohd. Amir, Proprietor of SCAFF.STEEL Having its shop at: Shop No.3, Ground Floor, Loha Market, Welcome, Seelampur, Delhi-110053 ....Plaintiff Versus Sh. Diwan Singh Yadav (Proprietor of Om Sai Shuttering Store) Office at: U-63A, Phase-I, Main 40 Foot Road, Palam Vihar, Gurugram, Haryana-122001. Also at: T-229, Phase -2, New Palam Vihar Gurgaon, Gurugram,…

    Read Full Order
    Final Order 22
    08 May 2025
    Order Details: COPY OF ORDER
Pdf Text: C.S. (COMM) 71/24
SH MOHD AMIR
VS.
DIWAN SINGH YADAV
08.05.2025
Present: None for plaintiff.
Sh. Himanshu Yadav, Ld. Counsel for defendant
(through video conferencing).
Vide my separate judgment of even date pronounced
in the open court, the suit of the plaintiff is decreed for a sum of
Rs.3,09,750/-(Rupees Three Lakh Nine Thousand Seven Hundred
Fifty Only) alongwith
pendente lite and future interest @12% per
annum from the date of filing of suit till realization in favour of
the plaintiff and against the defendant. Costs of the suit are also
awarded in favour of the plaintiff.
Decree Sheet be prepared accordingly.
File be consigned to Record Room.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East,KKD Courts,Delhi
08.05.2025
-- 1 of 1 --
    Interim Order 21
    07 May 2025
    Order Details: COPY OF ORDER
Pdf Text: C.S. (COMM) 71/24
MOHD AMIR
VS.
DIWAN SINGH YADAV
07.05.2025
Present: Mohd. Sarfaraj, Ld. Counsel for plaintiff.
Sh. Himanshu Yadav, Ld. Counsel for defendant
(through video conferencing).
Ld. Counsel for defendant submits that he has filed
written submissions. Advance copy has already been supplied.
Ld. Counsel for defendant submits that he will upload the written
submissions on e-portal during the course of day as he could not
do so due to network issue.
Remaining arguments heard.
Put up for judgment on 08.05.2025.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East,KKD Courts,Delhi
07.05.2025
-- 1 of 1 --
    Interim Order 20
    26 Apr 2025
    Order Details: COPY OF ORDER
Pdf Text: C.S. (COMM) 71/24
MOHD AMIR VS. DIWAN SINGH YADAV
26.04.2025
Present: Mohd. Sarfaraj, Ld. Counsel for plaintiff.
Sh. Sumit Goel, proxy for Sh. Himanshu Yadav, Ld.
Counsel for defendant.
Ld. Counsel for plaintiff submits that he has filed
short written synopsis through e-filing. Hard copy is also filed on
record. Advance copy has already been supplied.
Part final arguments heard. Ld. Proxy counsel for
defendant submits that he intends to file short written synopsis.
Let the same be filed positively within a week with advance copy
to opposite party.
At request, put up for remaining final arguments on
07.05.2025.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East,KKD Courts,Delhi
26.04.2025
-- 1 of 1 --
    Interim Order 19
    02 Apr 2025
    Order Details: COPY OF ORDER
Pdf Text: C.S. (COMM) 71/24
MOHD AMIR
VS.
DIWAN SINGH YADAV
02.04.2025
Present: Mohd. Sarfaraj and Mohd. Zaid, Ld. Counsels for
plaintiff.
Sh. Himanshu Yadav, Ld. Counsel for defendant.
Ld. Counsel for defendant submits that he has filed
affidavits of evidence of DW-1 and DW-2 along with list of
witnesses through e-filing. Hard copies are also filed on record.
Advance copies have already been supplied.
DW-1 and DW-2 are examined and discharged. No
other witness is present. Defendant evidence stands closed.
Put up this matter for final arguments on the date
already fixed i.e. 26.04.2025.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East,KKD Courts,Delhi
02.04.2025
-- 1 of 1 --
    Interim Order 18
    18 Mar 2025
    Order Details: COPY OF ORDER
Pdf Text: C.S. (COMM) 71/24
SH MOHD AMIR
VS.
DIWAN SINGH YADAV
18.03.2025
Present: Mohd. Jaid, Ld. Counsel for plaintiff.
Sh. Vaibhav Kumar, Proxy for Sh. Himanshu Yadav,
Ld. Counsel for defendant.
PW-2 is examined and discharged. No other witness
is present. Plaintiff evidence stands closed.
Case management hearing is re-scheduled.
Case management hearing
Put up for entire defendant evidence on 02.04.2025
and for final arguments on 26.04.2025. Parties are directed to file
short written synopsis not more than 3-4 pages with advance copy
to each other a week before the date fixed for final arguments.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East,KKD Courts,Delhi
18.03.2025
-- 1 of 1 --
    Interim Order 17
    25 Feb 2025
    Order Details: COPY OF ORDER
Pdf Text: C.S. (COMM) 71/24
MOHD AMIR VS. DIWAN SINGH YADAV
25.02.2025
Present: Mohd. Zaid, Ld. Counsel for plaintiff.
Sh. Sumit Goel, proxy for Sh. Himanshu Yadav, Ld.
Counsel for defendant.
Matter is fixed for remaining plaintiff evidence. On
last date of hearing, Ld. Counsel for plaintiff had taken dasti
summons of GST official, Gurugram, Haryana. However, it is
submitted by Ld. Counsel for plaintiff that the witness has shown
his inability to appear along with the record due to election in
Haryana.
Let the witness be summoned for the date already
fixed i.e. 18.03.2025. Date already given i.e. 01.03.2025 stands
cancelled.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East,KKD Courts,Delhi
25.02.2025
-- 1 of 1 --
    Interim Order 16
    15 Feb 2025
    Order Details: COPY OF ORDER
Pdf Text: CS (COMM) 71/24
Mohd. Amir Vs. Diwan Singh Yadav
15.02.2025
Present: Mohd. Sarfaraz, Ld. Counsel for plaintiff with
plaintiff.
Sh. Himanshu Yadav, Ld. Counsel for defendant.
PW-1 is examined and discharged. No other witness
is present.
Ld. Counsel for plaintiff submits that he has taken
steps for summoning of GST official from Gurgram, Haryana.
However, no report is received regarding service of summons.
At request of Ld. Counsel for plaintiff, one more
opportunity is granted for remaining plaintiff evidence. Let the
said witness i.e. GST official from Gurugram, Haryana be
summoned alongwith relevant record on filing of PF and diet
money. Dasti summons be also given to the plaintiff.
At request of Ld. Counsels for parties, case
management hearing is re-scheduled.
Case management hearing.
Put up for remaining plaintiff evidence on
25.02.2025, for defendant evidence on 01.03.2025 and for final
arguments on 18.03.2025.
Earlier date of 22.02.2025, which was fixed for
defendant evidence stands cancelled.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East, KKD Courts, Delhi
15.02.2025
-- 1 of 1 --
    Interim Order 15Full order available
    22 Jan 2025

    Order Details: COPY OF ORDER Pdf Text: CS (COMM) 71/24 Mohd. Amir Vs. Diwan Singh Yadav 22.01.2025 Present: Mohd. Sarfaraz, Ld. Counsel for plaintiff. Mr. Himanshu Yadav, Ld. Counsel for defendant (through video conferencing). Ms. Kanishka Gautam, proxy for Mr. Himanshu Yadav, Ld. Counsel for defendant is also appearing physically before the court. Ld. Counsel for plaintiff has paid previous cost of Rs.5,000/- to the proxy counsel, who is appearing on behalf of defendant. Ld. Counsels for parties submit that…

    Read Full Order
    Interim Order 14Full order available
    08 Jan 2025

    Order Details: COPY OF ORDER Pdf Text: CS (Comm) 71/2024 IA No.4/2024 Mohd. Amir vs. Diwan Singh Yadav 08.01.2025 ORDER 1. By way of present order, I shall decide an application dated 21.11.2024 under Order VII Rule 14 (3) r/w section 151 CPC (IA No.4/2024), as filed on behalf of the plaintiff. 2. Arguments have been advanced by Mohd. Sarfaraz, Ld. Counsel for applicant/plaintiff and by Sh. Himanshu Yadav, Ld. Counsel for defendant. I have also perused the record as…

    Read Full Order
    Interim Order 13Full order available
    08 Jan 2025

    Order Details: COPY OF ORDER Pdf Text: CS (Comm) 71/2024 IA No.3/2024 Mohd. Amir vs. Diwan Singh Yadav 08.01.2025 ORDER 1. By way of present order, I shall decide an application dated 14.11.2024 under Order XI Rule 1, 2, 13 and 14 r/w section 151 CPC (IA No.3/2024) as filed on behalf of the plaintiff. 2. Arguments have been advanced by Mohd. Sarfaraz, Ld. Counsel for applicant/plaintiff and by Sh. Himanshu Yadav, Ld. Counsel for defendant. I have also perused…

    Read Full Order
    Interim Order 12
    08 Jan 2025
    Order Details: COPY OF ORDER
Pdf Text: CS (COMM) 71/24
Mohd. Amir Vs. Diwan Singh Yadav
08.01.2025
Present: None for plaintiff.
Sh. Himanshu Yadav, Ld. Counsel for defendant
(through video conferencing).
Vide my separate orders of even date, pronounced in
the open court, the application under Order XI Rule 1, 2, 13 and
14 r/w section 151 CPC (IA No.3/2024), as filed on behalf of
plaintiff stands dismissed and the application under Order VII
Rule 14 (3) r/w Section 151 CPC (IA No.4/2024), which is
treated as an application under Order XI Rule 1 (5) CPC, filed on
behalf of plaintiff stands allowed subject to cost of Rs.5000/- to
be paid by the plaintiff to the defendant.
Put up for payment of cost as well as for framing of
issues on 22.01.2025.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East, KKD Courts, Delhi
08.01.2025
-- 1 of 1 --
    Interim Order 11
    07 Dec 2024
    Order Details: COPY OF ORDER
Pdf Text: CS (COMM) 71/24
Mohd. Amir Vs. Diwan Singh Yadav
07.12.2024
Present: Mohd. Sarfaraj, Ld. Counsel for plaintiff.
Sh. Himanshu Yadav, Ld. Counsel for defendant.
Ld. Counsel for defendant submits that he has filed
replies to the applications of plaintiff, one under Order XI Rule 1,
2, 13 and 14 r/w section 151 CPC (IA No.3/2024) and another
under Order VII rule 14 (3) r/w section 151 CPC (IA No.4/2024)
through e-filing. Hard copies are also filed on record. Advance
copies are stated to have already been supplied to Ld. Counsel for
plaintiff.
Arguments on these two applications have been
heard.
Put up for order on these two applications i.e. IA
no.3/2024 and IA no.4/2024 on 08.01.2025.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East, KKD Courts, Delhi
07.12.2024
-- 1 of 1 --
    Interim Order 10
    25 Nov 2024
    Order Details: COPY OF ORDER
Pdf Text: C.S. (COMM) 71/24
MOHD AMIR
VS.
DIWAN SINGH YADAV
25.11.2024
Present: Mohd. Sarfraj, Ld. Counsel for plaintiff.
Sh. Himanshu Yadav, Ld. Counsel for defendant
(through video conferencing).
Ld. Counsel for plaintiff submits that the plaintiff
does not wish to file replication, however, affidavit of admission-
denial of documents of the defendant’s documents is filed through
e-filing. Hard copy is also filed on record.
Ld. Counsel for plaintiff further submits that he has
filed two separate applications i.e. one under Order XI Rule 1,2,
13 and 14 r/w section 151 CPC and another application under
Order VII rule 14 (3) r/w section 151 CPC through e-filing. Hard
copies are also filed on record. Ld. Counsel for plaintiff submits
that he will supply the copies of both these applications as well as
affidavit of admission-denial of documents to Ld. Counsel for
defendant through e-mail during the course of day. Let replies, if
any, be filed within two weeks with advance copy to opposite
party.
Put up for arguments on the pending applications on
07.12.2024.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East,KKD Courts,Delhi
25.11.2024
-- 1 of 1 --
    Interim Order 9
    06 Nov 2024
    Order Details: COPY OF ORDER
Pdf Text: C.S. (COMM) 71/24
MOHD AMIR
VS.
DIWAN SINGH YADAV
06.11.2024
Present: Mohd. Sarfraj, Ld. Counsel for plaintiff.
Sh. Himanshu Yadav, Ld. Counsel for defendant
(through video conferencing).
Sh. R.S. Yadav, proxy for Sh. Himanshu Yadav, Ld.
Counsel for defendant is physically present in the
court.
Previous cost of Rs.5,000/-is paid to Ld. Proxy
counsel for defendant. Ld. Counsel for defendant submits that he
does not wish to file amended written statement.
The plaintiff is directed to file replication within ten
days alongwith affidavit of admission-denial of documents of
defendant, if any, with their advance copies to the defendant.
Be put up for framing of issues on 25.11.2024.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East,KKD Courts,Delhi
06.11.2024
-- 1 of 1 --
    Interim Order 8Full order available
    25 Oct 2024

    Order Details: COPY OF ORDER Pdf Text: CS (Comm) 71/2024 IA No.2/2024 Mohd. Amir vs. Diwan Singh Yadav 25.10.2024 ORDER 1. By way of present order, I shall decide an application dated 17.09.2024 under Order VI Rule 17 CPC r/w section 151 CPC, as filed on behalf of the plaintiff for leave to amend the plaint. 2. Arguments have been advanced by Mohd. Sarfaraz, Ld. Counsel for applicant/plaintiff and by Sh. Himanshu Yadav, Ld. Counsel for defendant. I have also…

    Read Full Order
    Interim Order 7Full order available
    25 Oct 2024

    Order Details: COPY OF ORDER Pdf Text: CS (Comm) 71/2024 IA No.2/2024 Mohd. Amir vs. Diwan Singh Yadav 25.10.2024 ORDER 1. By way of present order, I shall decide an application dated 17.09.2024 under Order VI Rule 17 CPC r/w section 151 CPC, as filed on behalf of the plaintiff for leave to amend the plaint. 2. Arguments have been advanced by Mohd. Sarfaraz, Ld. Counsel for applicant/plaintiff and by Sh. Himanshu Yadav, Ld. Counsel for defendant. I have also…

    Read Full Order
    Interim Order 6
    25 Oct 2024
    Order Details: COPY OF ORDER
Pdf Text: CS (COMM) 71/24
Mohd Amir Vs. Diwan Singh Yadav
25.10.2024
At 02:20 pm
Present: None for plaintiff.
Sh. Himanshu Yadav, Ld. Counsel for defendant
(through video conferencing).
Vide my separate order of even date, pronounced in
the open court, application under Order VI Rule 17 r/w Section
151 CPC i.e. IA no.2/2024, as filed on behalf of plaintiff is
allowed subject to cost of Rs.5000/- to be paid by plaintiff to the
defendant. On payment of cost, let amended plaint be taken on
record.
Put up for payment of cost as well as for further
proceedings on 06.11.2024.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East, KKD Courts, Delhi
25.10.2024
-- 1 of 1 --
    Interim Order 5
    01 Oct 2024
    Order Details: COPY OF ORDER
Pdf Text: CS (COMM) 71/24
Mohd. Amir Vs. Diwan Singh Yadav
01.10.2024
Present: Mohd. Sarfaraz, Ld. Counsel for plaintiff.
Sh. Himanshu Yadav, Ld. Counsel for defendant.
Ld. Counsel for defendant submits that he has filed
reply to the application under Order VI Rule 17 CPC through e-
filing. Copy of which was supplied to Ld. Counsel for plaintiff.
Hard copy is also filed on record.
Perusal of record shows that defendant has also filed
an affidavit of admission-denial of plaintiff’s documents. Be
taken on record.
Arguments on an application under Order VI Rule
17 CPC i.e. IA no.2/24, as filed on behalf of plaintiff heard.
Put up for order on 25.10.2024.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East, KKD Courts, Delhi
01.10.2024
-- 1 of 1 --
    Interim Order 4Full order available
    18 Sept 2024

    Order Details: COPY OF ORDER Pdf Text: C.S. (COMM) 71/24 MOHD AMIR VS. DIWAN SINGH YADAV 18.09.2024 Present: Mohd. Sarfraj, Ld. Counsel for plaintiff. Sh. Kailash Kumar, proxy for Sh. Himanshu Yadav, Ld. Counsel for defendant. Ld. Proxy counsel for defendant submits that he has filed written statement alongwith Statement of Truth, Certificate u/s 63 of Bhartiya Sakshya Adhiniyam, list of documents along with an application u/s 151 CPC read with section 5 of the Limitation Act for condonation of…

    Read Full Order
    Interim Order 3
    17 Aug 2024
    Order Details: COPY OF ORDER
Pdf Text: C.S. (COMM) 71/24
SH MOHD AMIR
VS.
DIWAN SINGH YADAV
17.08.2024
Present: Mohd. Sarfraj, Ld. Counsel for plaintiff.
Sh. Himanshu Yadav, Ld. Counsel for defendant.
Ld. Counsel for plaintiff submits that he has already
filed affidavit of service alongwith original speed post receipt,
courier receipt and their tracking reports, which show that the
defendant was served through speed post and courier on
07.08.2024 and 11.08.2024 respectively.
Vakalatnama is filed on behalf of defendant.
Defendant is directed to file written statement within stipulated
period alongwith Statement of Truth, list of documents and
affidavit of admission-denial of documents with their advance
copies to the plaintiff.
The plaintiff is directed to file replication thereafter
within ten days alongwith affidavit of admission-denial of
documents of defendant, if any, with their advance copies to the
defendant.
Be put up for framing of issues on 18.09.2024.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East,KKD Courts,Delhi
17.08.2024
-- 1 of 1 --
    Interim Order 2Full order available
    24 Jul 2024

    Order Details: COPY OF ORDER Pdf Text: C.S. (COMM) 71/24 SH MOHD AMIR VS. DIWAN SINGH YADAV 24.07.2024 Present: Mohd. Sarfraj, Ld. Counsel for plaintiff. Ld. Counsel for plaintiff has filed an affidavit under Order XI Rule 6 (3) of the Commercial Courts Act r/w section 63 of BSA alongwith list of documents through e-filing. Hard copies are also filed on record. Heard. Record perused. Let summons for settlement of issues be issued against the defendant on filing of PF,…

    Read Full Order
    Interim Order 1
    15 Jul 2024
    Order Details: COPY OF ORDER
Pdf Text: C.S. (COMM) 71/24
SH MOHD AMIR
VS.
DIWAN SINGH YADAV
Fresh suit is received through e-portal. It be checked
and registered.
15.07.2024
Present: Mohd. Sarfraj, Ld. Counsel for plaintiff (through
video conferencing).
Ld. Counsel for plaintiff prays some time for filing
fresh list of documents along with certificate under Order XI Rule
6 and u/s 63 of Bhartiya Sakshya Adhiniyam.
At request, put up for 24.07.2024.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East,KKD Courts,Delhi
15.07.2024
-- 1 of 1 --
    Order 21
    07 May 2025
    Order Details: COPY OF ORDER
Pdf Text: C.S. (COMM) 71/24
MOHD AMIR
VS.
DIWAN SINGH YADAV
07.05.2025
Present: Mohd. Sarfaraj, Ld. Counsel for plaintiff.
Sh. Himanshu Yadav, Ld. Counsel for defendant
(through video conferencing).
Ld. Counsel for defendant submits that he has filed
written submissions. Advance copy has already been supplied.
Ld. Counsel for defendant submits that he will upload the written
submissions on e-portal during the course of day as he could not
do so due to network issue.
Remaining arguments heard.
Put up for judgment on 08.05.2025.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East,KKD Courts,Delhi
07.05.2025
-- 1 of 1 --
    Order 20
    26 Apr 2025
    Order Details: COPY OF ORDER
Pdf Text: C.S. (COMM) 71/24
MOHD AMIR VS. DIWAN SINGH YADAV
26.04.2025
Present: Mohd. Sarfaraj, Ld. Counsel for plaintiff.
Sh. Sumit Goel, proxy for Sh. Himanshu Yadav, Ld.
Counsel for defendant.
Ld. Counsel for plaintiff submits that he has filed
short written synopsis through e-filing. Hard copy is also filed on
record. Advance copy has already been supplied.
Part final arguments heard. Ld. Proxy counsel for
defendant submits that he intends to file short written synopsis.
Let the same be filed positively within a week with advance copy
to opposite party.
At request, put up for remaining final arguments on
07.05.2025.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East,KKD Courts,Delhi
26.04.2025
-- 1 of 1 --
    Order 19
    02 Apr 2025
    Order Details: COPY OF ORDER
Pdf Text: C.S. (COMM) 71/24
MOHD AMIR
VS.
DIWAN SINGH YADAV
02.04.2025
Present: Mohd. Sarfaraj and Mohd. Zaid, Ld. Counsels for
plaintiff.
Sh. Himanshu Yadav, Ld. Counsel for defendant.
Ld. Counsel for defendant submits that he has filed
affidavits of evidence of DW-1 and DW-2 along with list of
witnesses through e-filing. Hard copies are also filed on record.
Advance copies have already been supplied.
DW-1 and DW-2 are examined and discharged. No
other witness is present. Defendant evidence stands closed.
Put up this matter for final arguments on the date
already fixed i.e. 26.04.2025.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East,KKD Courts,Delhi
02.04.2025
-- 1 of 1 --
    Order 18
    18 Mar 2025
    Order Details: COPY OF ORDER
Pdf Text: C.S. (COMM) 71/24
SH MOHD AMIR
VS.
DIWAN SINGH YADAV
18.03.2025
Present: Mohd. Jaid, Ld. Counsel for plaintiff.
Sh. Vaibhav Kumar, Proxy for Sh. Himanshu Yadav,
Ld. Counsel for defendant.
PW-2 is examined and discharged. No other witness
is present. Plaintiff evidence stands closed.
Case management hearing is re-scheduled.
Case management hearing
Put up for entire defendant evidence on 02.04.2025
and for final arguments on 26.04.2025. Parties are directed to file
short written synopsis not more than 3-4 pages with advance copy
to each other a week before the date fixed for final arguments.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East,KKD Courts,Delhi
18.03.2025
-- 1 of 1 --
    Order 17
    25 Feb 2025
    Order Details: COPY OF ORDER
Pdf Text: C.S. (COMM) 71/24
MOHD AMIR VS. DIWAN SINGH YADAV
25.02.2025
Present: Mohd. Zaid, Ld. Counsel for plaintiff.
Sh. Sumit Goel, proxy for Sh. Himanshu Yadav, Ld.
Counsel for defendant.
Matter is fixed for remaining plaintiff evidence. On
last date of hearing, Ld. Counsel for plaintiff had taken dasti
summons of GST official, Gurugram, Haryana. However, it is
submitted by Ld. Counsel for plaintiff that the witness has shown
his inability to appear along with the record due to election in
Haryana.
Let the witness be summoned for the date already
fixed i.e. 18.03.2025. Date already given i.e. 01.03.2025 stands
cancelled.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East,KKD Courts,Delhi
25.02.2025
-- 1 of 1 --
    Order 16
    15 Feb 2025
    Order Details: COPY OF ORDER
Pdf Text: CS (COMM) 71/24
Mohd. Amir Vs. Diwan Singh Yadav
15.02.2025
Present: Mohd. Sarfaraz, Ld. Counsel for plaintiff with
plaintiff.
Sh. Himanshu Yadav, Ld. Counsel for defendant.
PW-1 is examined and discharged. No other witness
is present.
Ld. Counsel for plaintiff submits that he has taken
steps for summoning of GST official from Gurgram, Haryana.
However, no report is received regarding service of summons.
At request of Ld. Counsel for plaintiff, one more
opportunity is granted for remaining plaintiff evidence. Let the
said witness i.e. GST official from Gurugram, Haryana be
summoned alongwith relevant record on filing of PF and diet
money. Dasti summons be also given to the plaintiff.
At request of Ld. Counsels for parties, case
management hearing is re-scheduled.
Case management hearing.
Put up for remaining plaintiff evidence on
25.02.2025, for defendant evidence on 01.03.2025 and for final
arguments on 18.03.2025.
Earlier date of 22.02.2025, which was fixed for
defendant evidence stands cancelled.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East, KKD Courts, Delhi
15.02.2025
-- 1 of 1 --
    Order 15Full order available
    22 Jan 2025

    Order Details: COPY OF ORDER Pdf Text: CS (COMM) 71/24 Mohd. Amir Vs. Diwan Singh Yadav 22.01.2025 Present: Mohd. Sarfaraz, Ld. Counsel for plaintiff. Mr. Himanshu Yadav, Ld. Counsel for defendant (through video conferencing). Ms. Kanishka Gautam, proxy for Mr. Himanshu Yadav, Ld. Counsel for defendant is also appearing physically before the court. Ld. Counsel for plaintiff has paid previous cost of Rs.5,000/- to the proxy counsel, who is appearing on behalf of defendant. Ld. Counsels for parties submit that…

    Read Full Order
    Order 14Full order available
    08 Jan 2025

    Order Details: COPY OF ORDER Pdf Text: CS (Comm) 71/2024 IA No.4/2024 Mohd. Amir vs. Diwan Singh Yadav 08.01.2025 ORDER 1. By way of present order, I shall decide an application dated 21.11.2024 under Order VII Rule 14 (3) r/w section 151 CPC (IA No.4/2024), as filed on behalf of the plaintiff. 2. Arguments have been advanced by Mohd. Sarfaraz, Ld. Counsel for applicant/plaintiff and by Sh. Himanshu Yadav, Ld. Counsel for defendant. I have also perused the record as…

    Read Full Order
    Order 13Full order available
    08 Jan 2025

    Order Details: COPY OF ORDER Pdf Text: CS (Comm) 71/2024 IA No.3/2024 Mohd. Amir vs. Diwan Singh Yadav 08.01.2025 ORDER 1. By way of present order, I shall decide an application dated 14.11.2024 under Order XI Rule 1, 2, 13 and 14 r/w section 151 CPC (IA No.3/2024) as filed on behalf of the plaintiff. 2. Arguments have been advanced by Mohd. Sarfaraz, Ld. Counsel for applicant/plaintiff and by Sh. Himanshu Yadav, Ld. Counsel for defendant. I have also perused…

    Read Full Order
    Order 12
    08 Jan 2025
    Order Details: COPY OF ORDER
Pdf Text: CS (COMM) 71/24
Mohd. Amir Vs. Diwan Singh Yadav
08.01.2025
Present: None for plaintiff.
Sh. Himanshu Yadav, Ld. Counsel for defendant
(through video conferencing).
Vide my separate orders of even date, pronounced in
the open court, the application under Order XI Rule 1, 2, 13 and
14 r/w section 151 CPC (IA No.3/2024), as filed on behalf of
plaintiff stands dismissed and the application under Order VII
Rule 14 (3) r/w Section 151 CPC (IA No.4/2024), which is
treated as an application under Order XI Rule 1 (5) CPC, filed on
behalf of plaintiff stands allowed subject to cost of Rs.5000/- to
be paid by the plaintiff to the defendant.
Put up for payment of cost as well as for framing of
issues on 22.01.2025.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East, KKD Courts, Delhi
08.01.2025
-- 1 of 1 --
    Order 11
    07 Dec 2024
    Order Details: COPY OF ORDER
Pdf Text: CS (COMM) 71/24
Mohd. Amir Vs. Diwan Singh Yadav
07.12.2024
Present: Mohd. Sarfaraj, Ld. Counsel for plaintiff.
Sh. Himanshu Yadav, Ld. Counsel for defendant.
Ld. Counsel for defendant submits that he has filed
replies to the applications of plaintiff, one under Order XI Rule 1,
2, 13 and 14 r/w section 151 CPC (IA No.3/2024) and another
under Order VII rule 14 (3) r/w section 151 CPC (IA No.4/2024)
through e-filing. Hard copies are also filed on record. Advance
copies are stated to have already been supplied to Ld. Counsel for
plaintiff.
Arguments on these two applications have been
heard.
Put up for order on these two applications i.e. IA
no.3/2024 and IA no.4/2024 on 08.01.2025.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East, KKD Courts, Delhi
07.12.2024
-- 1 of 1 --
    Order 10
    25 Nov 2024
    Order Details: COPY OF ORDER
Pdf Text: C.S. (COMM) 71/24
MOHD AMIR
VS.
DIWAN SINGH YADAV
25.11.2024
Present: Mohd. Sarfraj, Ld. Counsel for plaintiff.
Sh. Himanshu Yadav, Ld. Counsel for defendant
(through video conferencing).
Ld. Counsel for plaintiff submits that the plaintiff
does not wish to file replication, however, affidavit of admission-
denial of documents of the defendant’s documents is filed through
e-filing. Hard copy is also filed on record.
Ld. Counsel for plaintiff further submits that he has
filed two separate applications i.e. one under Order XI Rule 1,2,
13 and 14 r/w section 151 CPC and another application under
Order VII rule 14 (3) r/w section 151 CPC through e-filing. Hard
copies are also filed on record. Ld. Counsel for plaintiff submits
that he will supply the copies of both these applications as well as
affidavit of admission-denial of documents to Ld. Counsel for
defendant through e-mail during the course of day. Let replies, if
any, be filed within two weeks with advance copy to opposite
party.
Put up for arguments on the pending applications on
07.12.2024.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East,KKD Courts,Delhi
25.11.2024
-- 1 of 1 --
    Order 9
    06 Nov 2024
    Order Details: COPY OF ORDER
Pdf Text: C.S. (COMM) 71/24
MOHD AMIR
VS.
DIWAN SINGH YADAV
06.11.2024
Present: Mohd. Sarfraj, Ld. Counsel for plaintiff.
Sh. Himanshu Yadav, Ld. Counsel for defendant
(through video conferencing).
Sh. R.S. Yadav, proxy for Sh. Himanshu Yadav, Ld.
Counsel for defendant is physically present in the
court.
Previous cost of Rs.5,000/-is paid to Ld. Proxy
counsel for defendant. Ld. Counsel for defendant submits that he
does not wish to file amended written statement.
The plaintiff is directed to file replication within ten
days alongwith affidavit of admission-denial of documents of
defendant, if any, with their advance copies to the defendant.
Be put up for framing of issues on 25.11.2024.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East,KKD Courts,Delhi
06.11.2024
-- 1 of 1 --
    Order 8Full order available
    25 Oct 2024

    Order Details: COPY OF ORDER Pdf Text: CS (Comm) 71/2024 IA No.2/2024 Mohd. Amir vs. Diwan Singh Yadav 25.10.2024 ORDER 1. By way of present order, I shall decide an application dated 17.09.2024 under Order VI Rule 17 CPC r/w section 151 CPC, as filed on behalf of the plaintiff for leave to amend the plaint. 2. Arguments have been advanced by Mohd. Sarfaraz, Ld. Counsel for applicant/plaintiff and by Sh. Himanshu Yadav, Ld. Counsel for defendant. I have also…

    Read Full Order
    Order 7Full order available
    25 Oct 2024

    Order Details: COPY OF ORDER Pdf Text: CS (Comm) 71/2024 IA No.2/2024 Mohd. Amir vs. Diwan Singh Yadav 25.10.2024 ORDER 1. By way of present order, I shall decide an application dated 17.09.2024 under Order VI Rule 17 CPC r/w section 151 CPC, as filed on behalf of the plaintiff for leave to amend the plaint. 2. Arguments have been advanced by Mohd. Sarfaraz, Ld. Counsel for applicant/plaintiff and by Sh. Himanshu Yadav, Ld. Counsel for defendant. I have also…

    Read Full Order
    Order 6
    25 Oct 2024
    Order Details: COPY OF ORDER
Pdf Text: CS (COMM) 71/24
Mohd Amir Vs. Diwan Singh Yadav
25.10.2024
At 02:20 pm
Present: None for plaintiff.
Sh. Himanshu Yadav, Ld. Counsel for defendant
(through video conferencing).
Vide my separate order of even date, pronounced in
the open court, application under Order VI Rule 17 r/w Section
151 CPC i.e. IA no.2/2024, as filed on behalf of plaintiff is
allowed subject to cost of Rs.5000/- to be paid by plaintiff to the
defendant. On payment of cost, let amended plaint be taken on
record.
Put up for payment of cost as well as for further
proceedings on 06.11.2024.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East, KKD Courts, Delhi
25.10.2024
-- 1 of 1 --
    Order 5
    01 Oct 2024
    Order Details: COPY OF ORDER
Pdf Text: CS (COMM) 71/24
Mohd. Amir Vs. Diwan Singh Yadav
01.10.2024
Present: Mohd. Sarfaraz, Ld. Counsel for plaintiff.
Sh. Himanshu Yadav, Ld. Counsel for defendant.
Ld. Counsel for defendant submits that he has filed
reply to the application under Order VI Rule 17 CPC through e-
filing. Copy of which was supplied to Ld. Counsel for plaintiff.
Hard copy is also filed on record.
Perusal of record shows that defendant has also filed
an affidavit of admission-denial of plaintiff’s documents. Be
taken on record.
Arguments on an application under Order VI Rule
17 CPC i.e. IA no.2/24, as filed on behalf of plaintiff heard.
Put up for order on 25.10.2024.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East, KKD Courts, Delhi
01.10.2024
-- 1 of 1 --
    Order 4Full order available
    18 Sept 2024

    Order Details: COPY OF ORDER Pdf Text: C.S. (COMM) 71/24 MOHD AMIR VS. DIWAN SINGH YADAV 18.09.2024 Present: Mohd. Sarfraj, Ld. Counsel for plaintiff. Sh. Kailash Kumar, proxy for Sh. Himanshu Yadav, Ld. Counsel for defendant. Ld. Proxy counsel for defendant submits that he has filed written statement alongwith Statement of Truth, Certificate u/s 63 of Bhartiya Sakshya Adhiniyam, list of documents along with an application u/s 151 CPC read with section 5 of the Limitation Act for condonation of…

    Read Full Order
    Order 3
    17 Aug 2024
    Order Details: COPY OF ORDER
Pdf Text: C.S. (COMM) 71/24
SH MOHD AMIR
VS.
DIWAN SINGH YADAV
17.08.2024
Present: Mohd. Sarfraj, Ld. Counsel for plaintiff.
Sh. Himanshu Yadav, Ld. Counsel for defendant.
Ld. Counsel for plaintiff submits that he has already
filed affidavit of service alongwith original speed post receipt,
courier receipt and their tracking reports, which show that the
defendant was served through speed post and courier on
07.08.2024 and 11.08.2024 respectively.
Vakalatnama is filed on behalf of defendant.
Defendant is directed to file written statement within stipulated
period alongwith Statement of Truth, list of documents and
affidavit of admission-denial of documents with their advance
copies to the plaintiff.
The plaintiff is directed to file replication thereafter
within ten days alongwith affidavit of admission-denial of
documents of defendant, if any, with their advance copies to the
defendant.
Be put up for framing of issues on 18.09.2024.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East,KKD Courts,Delhi
17.08.2024
-- 1 of 1 --
    Order 2Full order available
    24 Jul 2024

    Order Details: COPY OF ORDER Pdf Text: C.S. (COMM) 71/24 SH MOHD AMIR VS. DIWAN SINGH YADAV 24.07.2024 Present: Mohd. Sarfraj, Ld. Counsel for plaintiff. Ld. Counsel for plaintiff has filed an affidavit under Order XI Rule 6 (3) of the Commercial Courts Act r/w section 63 of BSA alongwith list of documents through e-filing. Hard copies are also filed on record. Heard. Record perused. Let summons for settlement of issues be issued against the defendant on filing of PF,…

    Read Full Order
    Order 1
    15 Jul 2024
    Order Details: COPY OF ORDER
Pdf Text: C.S. (COMM) 71/24
SH MOHD AMIR
VS.
DIWAN SINGH YADAV
Fresh suit is received through e-portal. It be checked
and registered.
15.07.2024
Present: Mohd. Sarfraj, Ld. Counsel for plaintiff (through
video conferencing).
Ld. Counsel for plaintiff prays some time for filing
fresh list of documents along with certificate under Order XI Rule
6 and u/s 63 of Bhartiya Sakshya Adhiniyam.
At request, put up for 24.07.2024.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East,KKD Courts,Delhi
15.07.2024
-- 1 of 1 --

    TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.