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CS (COMM) - CIVIL SUIT (COMMERCIAL)

Mukul Gupta Marketing Pvt LtdVsMr Amit Malhotra

CNR DLSH010022412024768-District Judge Commercial Court 03
Karkardooma Shahdara, District Sessions Court
delhi · Delhi (DL)
CASE DISPOSED
Uncontested--WITHDRAWN
Decision Date: 09th September 2024

TrustJury record updated 22 Oct 2026

Case Overview

Registration Number
222/2024
Registration Date
06 Apr 2024

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Mukul Gupta Marketing Pvt Ltd

    Respondent

    1. 1Mr Amit Malhotra

    Acts & Sections

    1
    Civil Procedure Code 1908 · Sec ORDER 37

    Case History / Proceedings

    Case History
    Date: 06-04-2024
Business: fp
Next Purpose: Misc. cases
Next Hearing Date: 15-04-2024

Date: 15-04-2024
Business: fp
Next Purpose: Misc. cases
Next Hearing Date: 16-05-2024

Date: 16-05-2024
Business: fp
Next Purpose: Misc. cases
Next Hearing Date: 03-06-2024

Date: 03-06-2024
Business: fp
Next Purpose: Misc. cases
Next Hearing Date: 04-06-2024

Date: 04-06-2024
Business: fp
Next Purpose: Misc. cases
Next Hearing Date: 11-07-2024

Date: 11-07-2024
Business: fp
Next Purpose: Final Arguments
Next Hearing Date: 20-08-2024

Date: 20-08-2024
Business: fp
Next Purpose: Final Arguments
Next Hearing Date: 30-08-2024

Date: 30-08-2024
Business: fp
Next Purpose: Final Arguments
Next Hearing Date: 09-09-2024

Date: 09-09-2024
Business: Withdrawn as settled
Nature Of Disposal: WITHDRAWN
Disposal Date: 09-09-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 1115/2024
Filing Date: 30-03-2024
eFiling Number: ADL20230012266C202400011
eFiling Date: 28-03-2024
First Hearing Date: 06th April 2024
Decision Date: 09th September 2024
Court Number And Judge: 768-District Judge Commercial Court 03

    Orders

    19
    Final Order 10
    09 Sept 2024
    Order Details: COPY OF ORDER
Pdf Text: CS (COMM) No. 222/2024
Mukul Gupta Marketing Private Ltd. Vs. Amit Malhotra
09.09.2024
Present: Sh. Yash Nagpal, Ld. Counsel for plaintiff alongwith AR Sarvesh
Sharma in person.
An application is e-filed on behalf of plaintiff stating therein that this
suit seeking recovery of Rs.4,24,741/- alongwith 24% interest has been settled
with the defendant out of Court on 30.07.2024 for Rs.2 lakhs and the settlement
amount has already been received. Although this settlement amount and the
factum of receipt is not mentioned in the application but this statement has been
made by Ld. Counsel for plaintiff at Bar as per instructions received from the
company as notified by the AR who is also present in the Court.
As such as prayed this suit of the plaintiff stands disposed of as
settled.
Decree sheet be prepared accordingly.
Court fees be refunded as per rules.
File be consigned to Record Room after due compliance.
(SURINDER S. RATHI)
District Judge
Commercial Court-03
Shahdara District, KKD
Delhi/09.09.2024 (A)
-- 1 of 1 --
    Interim Order 9
    30 Aug 2024
    Order Details: COPY OF ORDER
Pdf Text: CS (Comm) 222/24
Mukul Gupta Marketing Pvt. Ltd Vs Amit Malhotra
30.08.2024
Present: Ms. Monica Goel, Ld. Counsel for plaintiff alongwith AR Sh.
Sarvesh Sharma.
None for defendant.
Record perused. Case is fixed for final arguments. Ld.
Counsle for plaintiff filed an applcation under Order 23 Rule 1 CPC for
withdrawal of present suit.
Court is busy in dictating judgment in “CS (COMM) 97/22
M/S. STARCO METAPLAST PVT. LTD. Vs. M/S. RADHIKA
CONFECTIONARY.” No time left. Accordingly, mater stands adjourned.
Put up for disposal of above mentioned application / final
arguments on 09.09.2024.
Date is given at the convenience of plaintiff.
(SURINDER S. RATHI)
District Judge
Commercial Court-03
Shahdara District, KKD
Delhi/30.08.2024 (R)
-- 1 of 1 --
    Interim Order 8Full order available
    20 Aug 2024

    Order Details: COPY OF ORDER Pdf Text: 13 CS (COMM) 222/24 Mukul Gupta Marketing Pvt Ltd Vs. Mr Amit Malhotra 20.08.2024 Present: Ms. Kajal Pal, Ld. Proxy Counsel for the plaintiff. None for defendant. Record perused. Ld. Proxy counsel for plaintiff submits that matter has been settled between the parties outside the Court and seeks passover to move an application under Order 23 Rule 1 CPC. At request, be put up at 12.00 noon. (SURINDER S. RATHI) District Judge Commercial…

    Read Full Order
    Interim Order 7Full order available
    20 Aug 2024

    Order Details: COPY OF ORDER Pdf Text: 13 CS (COMM) 222/24 Mukul Gupta Marketing Pvt Ltd Vs. Mr Amit Malhotra 20.08.2024 Present: Ms. Kajal Pal, Ld. Proxy Counsel for the plaintiff. None for defendant. Record perused. Ld. Proxy counsel for plaintiff submits that matter has been settled between the parties outside the Court and seeks passover to move an application under Order 23 Rule 1 CPC. At request, be put up at 12.00 noon. (SURINDER S. RATHI) District Judge Commercial…

    Read Full Order
    Interim Order 6Full order available
    11 Jul 2024

    Order Details: COPY OF ORDER Pdf Text: BEFORE THE COURT OF SH. SURINDER S. RATHI, DISTRICT JUDGE (COMM.)-03 SHAHDARA, KARKARDOOMA, DELHI CS (COMM) No.222/2024 Mukul Gupta Marketing Pvt. Ltd. Vs. Amit Malhotra 11.07.2024 Present: Ms. Kajal Pal, Ld. Counsel for plaintiff alongwith AR of plaintiff in person. Sh. Pratyush Chirantan, Ld. Counsel for defendant through VC and Sh. Mandeep Singh Ld. Proxy counsel has appeared in Court. No settlement arrived at between the parties before Mediation Centre, Karkardooma. Pleadings are…

    Read Full Order
    Interim Order 4
    04 Jun 2024
    Order Details: COPY OF ORDER
Pdf Text: CS (COMM) No.222/2024
Mukul Gupta Marketing Pvt. Ltd. Vs. Amit Malhotra
04.06.2024
Present: Sh. Yash Nagpal, Ld. Counsel for plaintiff alongwith AR of plaintiff
in person.
Defendant in person.
A joint request is made by both the Ld. Counsels that parties would
like to settle this dispute.
As prayed, matter is referred to Mediation Center, Karkardooma
Court on 07.06.2024 at 2 PM and parties to appear before this Court on
11.07.2024.
Ld. Mediation Incharge is requested to return the file after 15 days in
case no settlement is arrived at between the parties.
Next date of hearing is given as per convenience of parties.
(SURINDER S. RATHI)
District Judge
Commercial Court-03
Shahdara District, KKD
Delhi/04.06.2024
-- 1 of 1 --
    Interim Order 5
    03 Jun 2024
    Order Details: COPY OF ORDER
Pdf Text: CS (COMM) 222/24
Mukul Gupta Marketing Pvt Ltd Vs. Mr Amit Malhotra
03.06.2024
Present: Ld. Counsel for the plaintiff through VC.
Defendant in person.
Submissions heard. Record perused. Record reveals that WS in this
case filed by defendant on 01.06.2024. Spare hard copy of the same, placed on
record. Perusal of WS shows that affidavit of statement of truth is incomplete
and is not in consonance with Order 6 Rule 15A & Appendix 1. Same is rejected
accordingly. Affidavit of admission of plaintiff’s documents is also in
consonance with Order 11 Rule 2(3) CPC as no reason whatsoever has been
mentioned while denying the documents. Thus, same cannot be accepted as per
statutory binding provisions.
At request of defendant, be put up at 2.00 pm.
(SURINDER S. RATHI)
District Judge
Commercial Court-03
Shahdara District, KKD
Delhi/03.06.2024
At : 2.00 pm.
Present: Ld. Counsel for the plaintiff through VC.
Ld. Counsel for defendant alongwith defendant.
Fresh affidavit of admission denial of plaintiff’s documents filed
by Ld counsel for defendant.
At joint request, put up for further proceedings on 04.06.2024.
(SURINDER S. RATHI)
District Judge
Commercial Court-03
Shahdara District, KKD
Delhi/03.06.2024
-- 1 of 1 --
    Interim Order 3
    16 May 2024
    Order Details: COPY OF ORDER
Pdf Text: CS (COMM) No.222/2024
Mukul Gupta Marketing Private Ltd. Vs. Amit Malhotra
16.05.2024
Present: Ms. Kajal Pal, Ld. Counsel for plaintiff alongwith AR of plaintiff in
person.
Defendant in person. Fresh vakalatnama is filed by defendant on
behalf of Ld. Counsel for defendant.
Defendant was served with summons of the suit on 02.05.2024.
Thirty days to file WS are yet to elapse.
WS is awaited. Be filed within thirty days of service.
Defendant is directed to file the Written statement along with
documents and affidavit of admission/denial of documents of plaintiff within
stipulated period of 30 days of service after supplying advance copy to the plaintiff
through counsel.
Replication, if any, along with the affidavit of admission/denial of
documents of defendant be filed within 15 days pursuant to filing written
statement after supplying advance copy to defendant through counsel.
Put up for completion of pleadings/framing of issues on 03.06.2024.
Next date of hearing is given as per convenience of parties.
(SURINDER S. RATHI)
District Judge
Commercial Court-03
Shahdara District, KKD
Delhi/16.05.2024
-- 1 of 1 --
    Interim Order 2Full order available
    15 Apr 2024

    Order Details: COPY OF ORDER Pdf Text: CS (COMM) No.222/2024 Mukul Gupta Maketing Pvt. Ltd. Vs. Amit Malhotra 15.04.2024 Present: Ms. Monica Goel and Ms. Kajal Pal, Ld. Counsels for plaintiff alongwith AR of plaintiff in person. Purported text issued by Century Pulp and Paper filed at page 6 qua which AR of the plaintiff has filed an affidavit under Order 11 rule 6 CPC even though during the course of hearing it is conceded that this document was neither…

    Read Full Order
    Interim Order 1Full order available
    06 Apr 2024

    Order Details: COPY OF ORDER Pdf Text: CS (COMM) No.222/2024 M/s Mukul Gupta Marketing Pvt. Ltd. Vs. Amit Malhotra 06.04.2024 Fresh suit received by way of assignment. It be checked and registered. Present: Ms. Monica Goel, Sh. Yash Nagpal and Ms. Kajal Pal, Ld. Counsels for plaintiff. This suit is filed under Order 37 CPC. Perusal of the suit shows that it suffers from following flaws: i. Statement of truth is not as per template as provided in Appendix 1.…

    Read Full Order
    Order 9
    30 Aug 2024
    Order Details: COPY OF ORDER
Pdf Text: CS (Comm) 222/24
Mukul Gupta Marketing Pvt. Ltd Vs Amit Malhotra
30.08.2024
Present: Ms. Monica Goel, Ld. Counsel for plaintiff alongwith AR Sh.
Sarvesh Sharma.
None for defendant.
Record perused. Case is fixed for final arguments. Ld.
Counsle for plaintiff filed an applcation under Order 23 Rule 1 CPC for
withdrawal of present suit.
Court is busy in dictating judgment in “CS (COMM) 97/22
M/S. STARCO METAPLAST PVT. LTD. Vs. M/S. RADHIKA
CONFECTIONARY.” No time left. Accordingly, mater stands adjourned.
Put up for disposal of above mentioned application / final
arguments on 09.09.2024.
Date is given at the convenience of plaintiff.
(SURINDER S. RATHI)
District Judge
Commercial Court-03
Shahdara District, KKD
Delhi/30.08.2024 (R)
-- 1 of 1 --
    Order 8Full order available
    20 Aug 2024

    Order Details: COPY OF ORDER Pdf Text: 13 CS (COMM) 222/24 Mukul Gupta Marketing Pvt Ltd Vs. Mr Amit Malhotra 20.08.2024 Present: Ms. Kajal Pal, Ld. Proxy Counsel for the plaintiff. None for defendant. Record perused. Ld. Proxy counsel for plaintiff submits that matter has been settled between the parties outside the Court and seeks passover to move an application under Order 23 Rule 1 CPC. At request, be put up at 12.00 noon. (SURINDER S. RATHI) District Judge Commercial…

    Read Full Order
    Order 7Full order available
    20 Aug 2024

    Order Details: COPY OF ORDER Pdf Text: 13 CS (COMM) 222/24 Mukul Gupta Marketing Pvt Ltd Vs. Mr Amit Malhotra 20.08.2024 Present: Ms. Kajal Pal, Ld. Proxy Counsel for the plaintiff. None for defendant. Record perused. Ld. Proxy counsel for plaintiff submits that matter has been settled between the parties outside the Court and seeks passover to move an application under Order 23 Rule 1 CPC. At request, be put up at 12.00 noon. (SURINDER S. RATHI) District Judge Commercial…

    Read Full Order
    Order 6Full order available
    11 Jul 2024

    Order Details: COPY OF ORDER Pdf Text: BEFORE THE COURT OF SH. SURINDER S. RATHI, DISTRICT JUDGE (COMM.)-03 SHAHDARA, KARKARDOOMA, DELHI CS (COMM) No.222/2024 Mukul Gupta Marketing Pvt. Ltd. Vs. Amit Malhotra 11.07.2024 Present: Ms. Kajal Pal, Ld. Counsel for plaintiff alongwith AR of plaintiff in person. Sh. Pratyush Chirantan, Ld. Counsel for defendant through VC and Sh. Mandeep Singh Ld. Proxy counsel has appeared in Court. No settlement arrived at between the parties before Mediation Centre, Karkardooma. Pleadings are…

    Read Full Order
    Order 4
    04 Jun 2024
    Order Details: COPY OF ORDER
Pdf Text: CS (COMM) No.222/2024
Mukul Gupta Marketing Pvt. Ltd. Vs. Amit Malhotra
04.06.2024
Present: Sh. Yash Nagpal, Ld. Counsel for plaintiff alongwith AR of plaintiff
in person.
Defendant in person.
A joint request is made by both the Ld. Counsels that parties would
like to settle this dispute.
As prayed, matter is referred to Mediation Center, Karkardooma
Court on 07.06.2024 at 2 PM and parties to appear before this Court on
11.07.2024.
Ld. Mediation Incharge is requested to return the file after 15 days in
case no settlement is arrived at between the parties.
Next date of hearing is given as per convenience of parties.
(SURINDER S. RATHI)
District Judge
Commercial Court-03
Shahdara District, KKD
Delhi/04.06.2024
-- 1 of 1 --
    Order 5
    03 Jun 2024
    Order Details: COPY OF ORDER
Pdf Text: CS (COMM) 222/24
Mukul Gupta Marketing Pvt Ltd Vs. Mr Amit Malhotra
03.06.2024
Present: Ld. Counsel for the plaintiff through VC.
Defendant in person.
Submissions heard. Record perused. Record reveals that WS in this
case filed by defendant on 01.06.2024. Spare hard copy of the same, placed on
record. Perusal of WS shows that affidavit of statement of truth is incomplete
and is not in consonance with Order 6 Rule 15A & Appendix 1. Same is rejected
accordingly. Affidavit of admission of plaintiff’s documents is also in
consonance with Order 11 Rule 2(3) CPC as no reason whatsoever has been
mentioned while denying the documents. Thus, same cannot be accepted as per
statutory binding provisions.
At request of defendant, be put up at 2.00 pm.
(SURINDER S. RATHI)
District Judge
Commercial Court-03
Shahdara District, KKD
Delhi/03.06.2024
At : 2.00 pm.
Present: Ld. Counsel for the plaintiff through VC.
Ld. Counsel for defendant alongwith defendant.
Fresh affidavit of admission denial of plaintiff’s documents filed
by Ld counsel for defendant.
At joint request, put up for further proceedings on 04.06.2024.
(SURINDER S. RATHI)
District Judge
Commercial Court-03
Shahdara District, KKD
Delhi/03.06.2024
-- 1 of 1 --
    Order 3
    16 May 2024
    Order Details: COPY OF ORDER
Pdf Text: CS (COMM) No.222/2024
Mukul Gupta Marketing Private Ltd. Vs. Amit Malhotra
16.05.2024
Present: Ms. Kajal Pal, Ld. Counsel for plaintiff alongwith AR of plaintiff in
person.
Defendant in person. Fresh vakalatnama is filed by defendant on
behalf of Ld. Counsel for defendant.
Defendant was served with summons of the suit on 02.05.2024.
Thirty days to file WS are yet to elapse.
WS is awaited. Be filed within thirty days of service.
Defendant is directed to file the Written statement along with
documents and affidavit of admission/denial of documents of plaintiff within
stipulated period of 30 days of service after supplying advance copy to the plaintiff
through counsel.
Replication, if any, along with the affidavit of admission/denial of
documents of defendant be filed within 15 days pursuant to filing written
statement after supplying advance copy to defendant through counsel.
Put up for completion of pleadings/framing of issues on 03.06.2024.
Next date of hearing is given as per convenience of parties.
(SURINDER S. RATHI)
District Judge
Commercial Court-03
Shahdara District, KKD
Delhi/16.05.2024
-- 1 of 1 --
    Order 2Full order available
    15 Apr 2024

    Order Details: COPY OF ORDER Pdf Text: CS (COMM) No.222/2024 Mukul Gupta Maketing Pvt. Ltd. Vs. Amit Malhotra 15.04.2024 Present: Ms. Monica Goel and Ms. Kajal Pal, Ld. Counsels for plaintiff alongwith AR of plaintiff in person. Purported text issued by Century Pulp and Paper filed at page 6 qua which AR of the plaintiff has filed an affidavit under Order 11 rule 6 CPC even though during the course of hearing it is conceded that this document was neither…

    Read Full Order
    Order 1Full order available
    06 Apr 2024

    Order Details: COPY OF ORDER Pdf Text: CS (COMM) No.222/2024 M/s Mukul Gupta Marketing Pvt. Ltd. Vs. Amit Malhotra 06.04.2024 Fresh suit received by way of assignment. It be checked and registered. Present: Ms. Monica Goel, Sh. Yash Nagpal and Ms. Kajal Pal, Ld. Counsels for plaintiff. This suit is filed under Order 37 CPC. Perusal of the suit shows that it suffers from following flaws: i. Statement of truth is not as per template as provided in Appendix 1.…

    Read Full Order

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