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CS (COMM) - CIVIL SUIT (COMMERCIAL)

M/S PRIYA GLOBALVsA.R.GARMENTS

CNR DLSH010025452023768-District Judge Commercial Court 03
Karkardooma Shahdara, District Sessions Court
delhi · Delhi (DL)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 06th June 2023

TrustJury record updated 21 Oct 2026

Case Overview

Registration Number
240/2023
Registration Date
09 May 2023

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1M/S PRIYA GLOBAL

    Respondent

    1. 1A.R.GARMENTS

    Acts & Sections

    1
    Suits for recovery and Damages · Sec 151

    Case History / Proceedings

    Case History
    Date: 09-05-2023
Business: FP
Next Purpose: Misc. cases
Next Hearing Date: 19-05-2023

Date: 19-05-2023
Business: FP
Next Purpose: Misc. cases
Next Hearing Date: 01-06-2023

Date: 01-06-2023
Business: fp
Next Purpose: Misc. cases
Next Hearing Date: 06-06-2023

Date: 06-06-2023
Business: DID
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 06-06-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 1382/2023
Filing Date: 25-04-2023
eFiling Number: ECDLSH01007022023
eFiling Date: 24-04-2023
First Hearing Date: 09th May 2023
Decision Date: 06th June 2023
Court Number And Judge: 768-District Judge Commercial Court 03

    Orders

    7
    Final Order 4
    06 Jun 2023
    Order Details: COPY OF ORDER
Pdf Text: CS (COMM) No.240/23
M/s Priya Global Vs. A R Garments
06.06.2023
Present: None.
Be awaited for appearance of plaintiff at 12 noon.
(SURINDER S. RATHI)
District Judge
Commercial Court-03
Shahdara District, KKD
Delhi/06.06.2023
At 12.00 noon
Present: None.
Be awaited for appearance of plaintiff at 2.00 pm.
(SURINDER S. RATHI)
District Judge
Commercial Court-03
Shahdara District, KKD
Delhi/06.06.2023
At 2.00 pm
Present: None.
None appeared on behalf of plaintiff despite repeated calls
since morning.
Last order of this Court dated 09.05.2023 not complied even
though two opportunities were granted. It seems that plaintiff is not
interested in pursuing this case. Accordingly, suit is dismissed for non-
appearance as well as for non-prosecution.
File be consigned to Record Room after due compliance.
(SURINDER S. RATHI)
District Judge
Commercial Court-03
Shahdara District, KKD
Delhi/06.06.2023
-- 1 of 1 --
    Interim Order 3
    01 Jun 2023
    Order Details: COPY OF ORDER
Pdf Text: CS (COMM) No.240/23
M/s Priya Global Vs. A.R. Garments
01.06.2023
Present: Sh. Nitesh Anan, Ld. Proxy counsel for plaintiff.
Compliance of Order of this court dated 09.05.2023 not
carried out on account of plaintiff’s inactions. The suit deserves to be
dismissed for non-prosecution, however, in the interest of justice one
more opportunity is granted subject to cost of Rs.7,000/- to be
deposited with Shahdara Bar Association.
As per settled legal proposition the plaintiff shall not be
entitled to any interest from the date of filing of the suit till
compliance of order dated 09.05.2023.
Three days time is granted for complying the same failing
which the Court will be constrained to dismiss the suit in hand.
Put up for further proceedings on 06.06.2023.
(SURINDER S. RATHI)
District Judge
Commercial Court-03
Shahdara District, KKD
Delhi/01.06.2023
-- 1 of 1 --
    Interim Order 2
    19 May 2023
    Order Details: COPY OF ORDER
Pdf Text: CS (COMM) No. 240/2023
M/S. PRIYA GLOBAL Vs. A.R. GARMENTS
19.05.2023
Ld. Presiding officer is on Leave.
Present: Sh. Nitesh Anan Ld. Counsel for plaintiff.
Put up for purpose fixed/further proceedings on 01.06.2023.
(Ahlmad)
19.05.2023
-- 1 of 1 --
    Interim Order 1
    09 May 2023
    Order Details: COPY OF ORDER
Pdf Text: CS (COMM) No.
Priya Global Vs. A. K Garments
09.05.2023
Fresh suit received by way of assignment. It be checked and registered.
Present: Ms. Akanksha, Ld. Counsel for plaintiff.
Perusal of the suit shows that it suffers with following flaws:
i. The plaint is filed by a proprietorship firm which is a non-entity;
ii. Plaintiff is seeking interest from back date i.e. 31.12.2021 which is in
violation of Order 7 Rule 2 CPC;
iii. No Court fess paid on interest for more than six and a half years;
iv. List of documents is not as per format mandated for commercial suits;
v. No document filed to discharge onus under Section 31,33 and 39 of Sales of
Goods Act, 1930;
vi. All documents filed are photocopies.
Plaintiff seeks time to make correct the above anomalies.
Put up for further proceedings on 19.05.2023.
(SURINDER S. RATHI)
District Judge
Commercial Court-03
Shahdara District, KKD
Delhi/09.05.2023
-- 1 of 1 --
    Order 3
    01 Jun 2023
    Order Details: COPY OF ORDER
Pdf Text: CS (COMM) No.240/23
M/s Priya Global Vs. A.R. Garments
01.06.2023
Present: Sh. Nitesh Anan, Ld. Proxy counsel for plaintiff.
Compliance of Order of this court dated 09.05.2023 not
carried out on account of plaintiff’s inactions. The suit deserves to be
dismissed for non-prosecution, however, in the interest of justice one
more opportunity is granted subject to cost of Rs.7,000/- to be
deposited with Shahdara Bar Association.
As per settled legal proposition the plaintiff shall not be
entitled to any interest from the date of filing of the suit till
compliance of order dated 09.05.2023.
Three days time is granted for complying the same failing
which the Court will be constrained to dismiss the suit in hand.
Put up for further proceedings on 06.06.2023.
(SURINDER S. RATHI)
District Judge
Commercial Court-03
Shahdara District, KKD
Delhi/01.06.2023
-- 1 of 1 --
    Order 2
    19 May 2023
    Order Details: COPY OF ORDER
Pdf Text: CS (COMM) No. 240/2023
M/S. PRIYA GLOBAL Vs. A.R. GARMENTS
19.05.2023
Ld. Presiding officer is on Leave.
Present: Sh. Nitesh Anan Ld. Counsel for plaintiff.
Put up for purpose fixed/further proceedings on 01.06.2023.
(Ahlmad)
19.05.2023
-- 1 of 1 --
    Order 1
    09 May 2023
    Order Details: COPY OF ORDER
Pdf Text: CS (COMM) No.
Priya Global Vs. A. K Garments
09.05.2023
Fresh suit received by way of assignment. It be checked and registered.
Present: Ms. Akanksha, Ld. Counsel for plaintiff.
Perusal of the suit shows that it suffers with following flaws:
i. The plaint is filed by a proprietorship firm which is a non-entity;
ii. Plaintiff is seeking interest from back date i.e. 31.12.2021 which is in
violation of Order 7 Rule 2 CPC;
iii. No Court fess paid on interest for more than six and a half years;
iv. List of documents is not as per format mandated for commercial suits;
v. No document filed to discharge onus under Section 31,33 and 39 of Sales of
Goods Act, 1930;
vi. All documents filed are photocopies.
Plaintiff seeks time to make correct the above anomalies.
Put up for further proceedings on 19.05.2023.
(SURINDER S. RATHI)
District Judge
Commercial Court-03
Shahdara District, KKD
Delhi/09.05.2023
-- 1 of 1 --

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