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.) 126/23 CNR No. DL NE01- 003546-2023 1. Sh. Nitin Rastogi, Proprietor of M/s Kanishka Enterprises, C-11/155, Ground Floor, Yamuna Vihar, Delhi-110053 2. M/s Kanishka Enterprises, Through its Proprietor Sh. Nitin Rastogi, C-11/155, Ground Floor, Yamuna Vihar, Delhi-110053 .....Plaintiffs Vs 1. Sh. Abhishek Giri, Through its proprietor M/s D.C. Word, H. No. 348, Pocket-4 Sector-2, Rohini, Delhi.…
NITIN RASTOGI +1 moreVsABHISHEK GIRI
TrustJury record updated 19 Oct 2026
Case Overview
- Registration Number
- 126/2023
- Registration Date
- 25 Nov 2023
Advocates
1For Petitioner
For Respondent
Not available
Parties
3Petitioner
Respondent
Acts & Sections
1Case History / Proceedings
Case History
Date: 30-11-2023 Reason For Adjournment: Judge on Leave Next Purpose: Misc. cases Next Hearing Date: 19-12-2023 Date: 19-12-2023 Business: Heard Next Purpose: Misc. cases Next Hearing Date: 23-12-2023 Date: 23-12-2023 Business: Summons for settlement Next Purpose: Misc. cases Next Hearing Date: 30-01-2024 Date: 30-01-2024 Business: MOA filed on behalf of the defendants Next Purpose: Issues Next Hearing Date: 01-03-2024 Date: 01-03-2024 Business: Adj. sought on behalf of the def. Next Purpose: Issues Next Hearing Date: 05-04-2024 Date: 05-04-2024 Business: Adj. sought on behalf of the def. Next Purpose: Issues Next Hearing Date: 21-05-2024 Date: 21-05-2024 Business: Defence struck off Next Purpose: Plaintiff/Petitioner Evidence Next Hearing Date: 10-07-2024 Date: 10-07-2024 Business: PW 1 examine in chief. Matter refer to mediation centre for 16.7.24. Next Purpose: Plaintiff/Petitioner Evidence Next Hearing Date: 27-07-2024 Date: 27-07-2024 Business: Adj. sought on behalf of the def. Next Purpose: Plaintiff/Petitioner Evidence Next Hearing Date: 13-08-2024 Date: 13-08-2024 Business: PW 1 cross examine Next Purpose: Final Arguments Next Hearing Date: 09-09-2024 Date: 09-09-2024 Business: Adj. sought on behalf of the def. Next Purpose: Final Arguments Next Hearing Date: 17-09-2024 Date: 17-09-2024 Business: Adj. sought on behalf of the def. Next Purpose: Final Arguments Next Hearing Date: 28-09-2024 Date: 28-09-2024 Business: Written arguments filed on behalf of the plaintiff Next Purpose: Judgement Next Hearing Date: 18-10-2024 Date: 18-10-2024 Business: Decreed Nature Of Disposal: DECREED Disposal Date: 18-10-2024
Additional Case Details
Additional Case Details
Filing Number: 1593/2023 Filing Date: 23-11-2023 eFiling Number: ADL20230011416C202300001 eFiling Date: 19-11-2023 First Hearing Date: 30th November 2023 Decision Date: 18th October 2024 Court Number And Judge: 763-District Judge - Commercial Court
Orders
26Order Details: COPY OF ORDER Pdf Text: C.S. (COMM) 126/23 NITIN RASTOGI & ANR. VS. ABHISHEK GIRI & ANR. 18.10.2024 Present: Sh. Kartik Garg, proxy for Sh. Kamal Jindal, Ld. Counsel for plaintiffs (through video conferencing). Plaintiff no. 1 is physically present in the court. Mr. Yusuf Khan, Ld. Counsel for defendants with defendant no. 1 in person. Perusal of record shows that the defence of the defendants was struck off vide order dated 21.05.2024. Fresh vakalatnama on behalf of…
Interim Order 1228 Sept 2024
Order Details: COPY OF ORDER Pdf Text: C.S. (COMM) 126/23 NITIN RASTOGI VS. ABHISHEK GIRI 28.09.2024 Present: Sh. Kamal Jindal, Ld. Counsel for plaintiffs with plaintiff no. 1. Defendant no. 1 in person. Perusal of record shows that the defence of the defendants was struck off vide order dated 21.05.2024. Ld. Counsel for plaintiffs submits that he has filed written arguments through e-filing. Hard copy is also filed on record. Copy supplied. Defendants are at liberty to file written submissions, if any, or to advance arguments before the next date of hearing. Put up for judgment on 18.10.2024. (Sanjeev Kumar Malhotra) District Judge (Commercial Court) North-East,KKD Courts,Delhi 28.09.2024 -- 1 of 1 --
Interim Order 1117 Sept 2024
Order Details: COPY OF ORDER Pdf Text: CS (COMM) 126/23 Nitin Rastogi Vs. Abhishek Giri 17.09.2024 Present: Sh. Kamal Jindal, Ld. Counsel for plaintiffs with plaintiff no.1. Sh. Jatin Sharma, proxy for Sh. Amit Sharma, Ld. Counsel for defendants with defendant no.1. As per record, defence of defendants was struck off vide order dated 21.05.2024. Matter is fixed for final arguments. However, adjournment is prayed on behalf of counsel for defendants on the ground that main counsel has met with an accident, as such unable to appear. Ld. Counsel for plaintiff submits that on last date of hearing also adjournment was prayed on behalf of counsel for defendants on the ground that he is unable to appear due to Namkaran sanskar of his newly born daughter. Heard. In view of submissions, adjournment is allowed. Parties are directed to file short written synopsis not more than 2-3 pages with advance copy to each other on or before next date of hearing. Put up for final arguments on 28.09.2024. (Sanjeev Kumar Malhotra) District Judge (Commercial Court) North-East, KKD Courts, Delhi 17.09.2024 -- 1 of 1 --
Interim Order 1009 Sept 2024
Order Details: COPY OF ORDER Pdf Text: CS (COMM) 126/23 Nitin Rastogi Vs. Abhishek Giri 09.09.2024 Present: Sh. Kamal Jindal, Ld. Counsel for plaintiffs with plaintiff no.1. Defendant no.1 in person. Perusal of record shows that defence of defendants was struck off vide order dated 21.05.2024. Matter is fixed for final arguments. However, an application seeking adjournment is filed on behalf of defendants. It is stated that due to naamkaran sanskar of newly born daughter of main counsel of defendants, he is unable to appear today. Not opposed. Heard. In view of submission and reason mentioned in the application for adjournment, same stands allowed. Put up for final arguments on 17.09.2024. (Sanjeev Kumar Malhotra) District Judge (Commercial Court) North-East, KKD Courts, Delhi 09.09.2024 -- 1 of 1 --
Order Details: COPY OF ORDER Pdf Text: C.S. (COMM) 126/23 NITIN RASTOGI & ANR. VS. ABHISHEK GIRI & ANR. 13.08.2024 Present: Sh. Kamal Jindal, Ld. Counsel for plaintiffs with plaintiff no. 1 in person. Sh. Amit Sharma, Ld. Counsel for defendants with defendant no. 1 in person. As per record, defence of the defendants was struck off vide order dated 21.05.2024. Ld. Counsel for plaintiffs submits that he has filed an application under Order XVIII Rule 17 read with section…
Order Details: COPY OF ORDER Pdf Text: C.S. (COMM) 126/23 NITIN RASTOGI VS. ABHISHEK GIRI 27.07.2024 Present: Sh. Kamal Jindal, Ld. Counsel for plaintiffs with plaintiff no. 1 in person. Sh. Amit Sharma, Ld. Counsel for defendants. As per record, defence of the defendants was struck off vide order dated 21.05.2024. Matter could not settled before the Mediation Centre. Today, matter is fixed for cross-examination of plaintiff. However, an application under Order XI Rule 1 (5) of the Commercial Courts…
Interim Order 710 Jul 2024
Order Details: COPY OF ORDER Pdf Text: CS (Comm) 126/23 Nitin Rastogi vs. Abhishek Giri 10.07.2024 Present: Sh. Kamal Jindal, Ld. Counsel for plaintiffs. Sh. Amit Sharma, Ld. Counsel for defendant. Vakalatnama filed on behalf of defendant. Be taken on record. As per record, defence of defendant was struck off vide order dated 21.05.2024. PW-1 is examined in chief. However, cross examination of PW-1 is deferred at request of Ld. Counsel for defendant as he has received the copy of affidavit of evidence today itself. Ld. Counsels for both parties submit that matter can be settled. At joint request, matter is referred to Mediation Centre, Karkardooma Courts, Delhi for exploring the possibility of settlement, if any for 16.07.2024 at 12:00 pm. Both the parties are directed to appear before Ld. Incharge, Mediation Centre, Karkardooma Courts, Delhi on the date and time fixed. Put up for reporting of settlement, if any/remaining plaintiff evidence on 27.07.2024. (Sanjeev Kumar Malhotra) District Judge (Commercial Court) North-East, KKD Courts, Delhi 10.07.2024 -- 1 of 1 --
Interim Order 621 May 2024
Order Details: COPY OF ORDER Pdf Text: CS (COMM) 126/23 Nitin Rastogi Vs. Abhishek Giri & Anr. 21.05.2024 Present: Sh. Deekshant Kaushik, Ld. Counsel for plaintiffs. Ms. Priyanka Aggarwal, Ld. LAC for defendants. Perusal of record shows that defendants were served on 19.01.2024, but till date written statement has not been filed. 120 days have already been lapsed from the date of service of defendants, therefore, defence of defendants stands struck off. Put up for plaintiff evidence on 10.07.2024. Examination in chief of plaintiff witnesses be filed by way of affidavit and advance copy of same be supplied to opposite party well before next date of hearing. (Sanjeev Kumar Malhotra) District Judge (Commercial Court) North-East, KKD Courts, Delhi 21.05.2024 -- 1 of 1 --
Order Details: COPY OF ORDER Pdf Text: C.S. (COMM)126/23 NITIN RASTOGI VS. ABHISHEK GIRI & ANR. 05.04.2024 Present: Sh. Dikshant Kaushik, Ld. Counsel for plaintiff. None for defendant. Perusal of record shows that the defendants were served on 19.01.2024 but till date written statement has not been filed. On the last date of hearing, father of defendant no.1 had appeared and filed an application for adjournment. Be awaited. (Sanjeev Kumar Malhotra) District Judge/Commercial Court/ North East/KKD Courts/Delhi 05.04.2024 At 12:30…
Interim Order 401 Mar 2024
Order Details: COPY OF ORDER Pdf Text: C.S. (COMM)126/23 NITIN RASTOGI VS. ABHISHEK GIRI & ANR. 01.03.2024 Present: Sh. Deekshant Kaushik, Ld. Counsel for plaintiff. None for defendants. Defendants were served on 19.02.2024 and on last date of hearing, their Counsel sought time for filing written statement. Be awaited. (Sanjeev Kumar Malhotra) District Judge/Commercial Court/ North East/KKD Courts/Delhi/01.03.2024 At 12:20 pm Present: None for plaintiff. Father of defendant no. 1 in person. An application for adjournment is filed on the ground that the defendant no. 1 is sick and his daughter is also admitted in hospital. Heard. In view of reasons given in the application, adjournment is allowed. Defendants are 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 alongwith affidavit of admission-denial of documents with their advance copies to the defendants. Put up for framing of issues on 05.04.2024. (Sanjeev Kumar Malhotra) District Judge/Commercial Court/ North East/KKD Courts/Delhi 01.03.2024 -- 1 of 1 --
Interim Order 330 Jan 2024
Order Details: COPY OF ORDER Pdf Text: C.S. (COMM)126/23 Nitin Rastogi Vs. Abhishek Giri 30.01.2024 Present: Sh. Kamal Jindal, Ld. Counsel for plaintiff. Sh. K.C. Sharma, Ld. Counsel for both the defendants. Memo of appearance on behalf of defendants is filed. As per record, defendants were served on 19.02.2024. Defendants are 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 alongwith affidavit of admission-denial of documents with their advance copies to the defendants. Put up for framing of issues on 01.03.2024. (Sanjeev Kumar Malhotra) District Judge/Commercial Court/ North East/KKD Courts/Delhi 30.01.2024 -- 1 of 1 --
Order Details: COPY OF ORDER Pdf Text: C.S. (COMM)126/23 Nitin Rastogi Vs. Abhishek Giri 23.12.2023 Present: Sh. Deekshant Kaushik, Ld. Counsel for plaintiffs. Ld. Counsel for plaintiff has filed the fresh list of documents. Be taken on record. Plaintiff has filed the present suit for recovery of Rs.68,54,224/- under Order XXXVII CPC on the basis of invoices and number of cheques issued by the defendants. Perusal of record shows that the plaintiff has filed the electronic copies of invoices alongwith…
Interim Order 119 Dec 2023
Order Details: COPY OF ORDER Pdf Text: C.S. (COMM)126/23 Nitin Rastogi Vs. Abhishek Giri Fresh suit under Order XXXVII CPC received through e-portal. It be checked and registered. 19.12.2023 Present: Sh. Deekshant Kaushik, Ld. Counsel for plaintiff. Heard. Ld. Counsel for plaintiff prays for some time for filing fresh list of documents as relied upon by the plaintiff. At request, put up for further proceedings on 23.12.2023. (Sanjeev Kumar Malhotra) District Judge/Commercial Court/ North East/KKD Courts/Delhi 19.12.2023 -- 1 of 1 --
Order 1228 Sept 2024
Order Details: COPY OF ORDER Pdf Text: C.S. (COMM) 126/23 NITIN RASTOGI VS. ABHISHEK GIRI 28.09.2024 Present: Sh. Kamal Jindal, Ld. Counsel for plaintiffs with plaintiff no. 1. Defendant no. 1 in person. Perusal of record shows that the defence of the defendants was struck off vide order dated 21.05.2024. Ld. Counsel for plaintiffs submits that he has filed written arguments through e-filing. Hard copy is also filed on record. Copy supplied. Defendants are at liberty to file written submissions, if any, or to advance arguments before the next date of hearing. Put up for judgment on 18.10.2024. (Sanjeev Kumar Malhotra) District Judge (Commercial Court) North-East,KKD Courts,Delhi 28.09.2024 -- 1 of 1 --
Order 1117 Sept 2024
Order Details: COPY OF ORDER Pdf Text: CS (COMM) 126/23 Nitin Rastogi Vs. Abhishek Giri 17.09.2024 Present: Sh. Kamal Jindal, Ld. Counsel for plaintiffs with plaintiff no.1. Sh. Jatin Sharma, proxy for Sh. Amit Sharma, Ld. Counsel for defendants with defendant no.1. As per record, defence of defendants was struck off vide order dated 21.05.2024. Matter is fixed for final arguments. However, adjournment is prayed on behalf of counsel for defendants on the ground that main counsel has met with an accident, as such unable to appear. Ld. Counsel for plaintiff submits that on last date of hearing also adjournment was prayed on behalf of counsel for defendants on the ground that he is unable to appear due to Namkaran sanskar of his newly born daughter. Heard. In view of submissions, adjournment is allowed. Parties are directed to file short written synopsis not more than 2-3 pages with advance copy to each other on or before next date of hearing. Put up for final arguments on 28.09.2024. (Sanjeev Kumar Malhotra) District Judge (Commercial Court) North-East, KKD Courts, Delhi 17.09.2024 -- 1 of 1 --
Order 1009 Sept 2024
Order Details: COPY OF ORDER Pdf Text: CS (COMM) 126/23 Nitin Rastogi Vs. Abhishek Giri 09.09.2024 Present: Sh. Kamal Jindal, Ld. Counsel for plaintiffs with plaintiff no.1. Defendant no.1 in person. Perusal of record shows that defence of defendants was struck off vide order dated 21.05.2024. Matter is fixed for final arguments. However, an application seeking adjournment is filed on behalf of defendants. It is stated that due to naamkaran sanskar of newly born daughter of main counsel of defendants, he is unable to appear today. Not opposed. Heard. In view of submission and reason mentioned in the application for adjournment, same stands allowed. Put up for final arguments on 17.09.2024. (Sanjeev Kumar Malhotra) District Judge (Commercial Court) North-East, KKD Courts, Delhi 09.09.2024 -- 1 of 1 --
Order Details: COPY OF ORDER Pdf Text: C.S. (COMM) 126/23 NITIN RASTOGI & ANR. VS. ABHISHEK GIRI & ANR. 13.08.2024 Present: Sh. Kamal Jindal, Ld. Counsel for plaintiffs with plaintiff no. 1 in person. Sh. Amit Sharma, Ld. Counsel for defendants with defendant no. 1 in person. As per record, defence of the defendants was struck off vide order dated 21.05.2024. Ld. Counsel for plaintiffs submits that he has filed an application under Order XVIII Rule 17 read with section…
Order Details: COPY OF ORDER Pdf Text: C.S. (COMM) 126/23 NITIN RASTOGI VS. ABHISHEK GIRI 27.07.2024 Present: Sh. Kamal Jindal, Ld. Counsel for plaintiffs with plaintiff no. 1 in person. Sh. Amit Sharma, Ld. Counsel for defendants. As per record, defence of the defendants was struck off vide order dated 21.05.2024. Matter could not settled before the Mediation Centre. Today, matter is fixed for cross-examination of plaintiff. However, an application under Order XI Rule 1 (5) of the Commercial Courts…
Order 710 Jul 2024
Order Details: COPY OF ORDER Pdf Text: CS (Comm) 126/23 Nitin Rastogi vs. Abhishek Giri 10.07.2024 Present: Sh. Kamal Jindal, Ld. Counsel for plaintiffs. Sh. Amit Sharma, Ld. Counsel for defendant. Vakalatnama filed on behalf of defendant. Be taken on record. As per record, defence of defendant was struck off vide order dated 21.05.2024. PW-1 is examined in chief. However, cross examination of PW-1 is deferred at request of Ld. Counsel for defendant as he has received the copy of affidavit of evidence today itself. Ld. Counsels for both parties submit that matter can be settled. At joint request, matter is referred to Mediation Centre, Karkardooma Courts, Delhi for exploring the possibility of settlement, if any for 16.07.2024 at 12:00 pm. Both the parties are directed to appear before Ld. Incharge, Mediation Centre, Karkardooma Courts, Delhi on the date and time fixed. Put up for reporting of settlement, if any/remaining plaintiff evidence on 27.07.2024. (Sanjeev Kumar Malhotra) District Judge (Commercial Court) North-East, KKD Courts, Delhi 10.07.2024 -- 1 of 1 --
Order 621 May 2024
Order Details: COPY OF ORDER Pdf Text: CS (COMM) 126/23 Nitin Rastogi Vs. Abhishek Giri & Anr. 21.05.2024 Present: Sh. Deekshant Kaushik, Ld. Counsel for plaintiffs. Ms. Priyanka Aggarwal, Ld. LAC for defendants. Perusal of record shows that defendants were served on 19.01.2024, but till date written statement has not been filed. 120 days have already been lapsed from the date of service of defendants, therefore, defence of defendants stands struck off. Put up for plaintiff evidence on 10.07.2024. Examination in chief of plaintiff witnesses be filed by way of affidavit and advance copy of same be supplied to opposite party well before next date of hearing. (Sanjeev Kumar Malhotra) District Judge (Commercial Court) North-East, KKD Courts, Delhi 21.05.2024 -- 1 of 1 --
Order Details: COPY OF ORDER Pdf Text: C.S. (COMM)126/23 NITIN RASTOGI VS. ABHISHEK GIRI & ANR. 05.04.2024 Present: Sh. Dikshant Kaushik, Ld. Counsel for plaintiff. None for defendant. Perusal of record shows that the defendants were served on 19.01.2024 but till date written statement has not been filed. On the last date of hearing, father of defendant no.1 had appeared and filed an application for adjournment. Be awaited. (Sanjeev Kumar Malhotra) District Judge/Commercial Court/ North East/KKD Courts/Delhi 05.04.2024 At 12:30…
Order 401 Mar 2024
Order Details: COPY OF ORDER Pdf Text: C.S. (COMM)126/23 NITIN RASTOGI VS. ABHISHEK GIRI & ANR. 01.03.2024 Present: Sh. Deekshant Kaushik, Ld. Counsel for plaintiff. None for defendants. Defendants were served on 19.02.2024 and on last date of hearing, their Counsel sought time for filing written statement. Be awaited. (Sanjeev Kumar Malhotra) District Judge/Commercial Court/ North East/KKD Courts/Delhi/01.03.2024 At 12:20 pm Present: None for plaintiff. Father of defendant no. 1 in person. An application for adjournment is filed on the ground that the defendant no. 1 is sick and his daughter is also admitted in hospital. Heard. In view of reasons given in the application, adjournment is allowed. Defendants are 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 alongwith affidavit of admission-denial of documents with their advance copies to the defendants. Put up for framing of issues on 05.04.2024. (Sanjeev Kumar Malhotra) District Judge/Commercial Court/ North East/KKD Courts/Delhi 01.03.2024 -- 1 of 1 --
Order 330 Jan 2024
Order Details: COPY OF ORDER Pdf Text: C.S. (COMM)126/23 Nitin Rastogi Vs. Abhishek Giri 30.01.2024 Present: Sh. Kamal Jindal, Ld. Counsel for plaintiff. Sh. K.C. Sharma, Ld. Counsel for both the defendants. Memo of appearance on behalf of defendants is filed. As per record, defendants were served on 19.02.2024. Defendants are 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 alongwith affidavit of admission-denial of documents with their advance copies to the defendants. Put up for framing of issues on 01.03.2024. (Sanjeev Kumar Malhotra) District Judge/Commercial Court/ North East/KKD Courts/Delhi 30.01.2024 -- 1 of 1 --
Order Details: COPY OF ORDER Pdf Text: C.S. (COMM)126/23 Nitin Rastogi Vs. Abhishek Giri 23.12.2023 Present: Sh. Deekshant Kaushik, Ld. Counsel for plaintiffs. Ld. Counsel for plaintiff has filed the fresh list of documents. Be taken on record. Plaintiff has filed the present suit for recovery of Rs.68,54,224/- under Order XXXVII CPC on the basis of invoices and number of cheques issued by the defendants. Perusal of record shows that the plaintiff has filed the electronic copies of invoices alongwith…
Order 119 Dec 2023
Order Details: COPY OF ORDER Pdf Text: C.S. (COMM)126/23 Nitin Rastogi Vs. Abhishek Giri Fresh suit under Order XXXVII CPC received through e-portal. It be checked and registered. 19.12.2023 Present: Sh. Deekshant Kaushik, Ld. Counsel for plaintiff. Heard. Ld. Counsel for plaintiff prays for some time for filing fresh list of documents as relied upon by the plaintiff. At request, put up for further proceedings on 23.12.2023. (Sanjeev Kumar Malhotra) District Judge/Commercial Court/ North East/KKD Courts/Delhi 19.12.2023 -- 1 of 1 --
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