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CS (COMM) - CIVIL SUIT (COMMERCIAL)

Mohit MehendirattaVsMOHD RAFIQ

CNR DLSH010072092024767-District Judge Commercial Court-02
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 28th April 2025

TrustJury record updated 22 Oct 2026

Case Overview

Registration Number
594/2024
Registration Date
22 Nov 2024

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1MOHD RAFIQ

    Acts & Sections

    1
    Suits for recovery and Damages · Sec 78

    Case History / Proceedings

    Case History
    Date: 25-11-2024
    Business: submissions heard  put up for fp
    Next Purpose: Case Management Hear/Pre--Trial Conference
    Next Hearing Date: 16-12-2024
    
    Date: 16-12-2024
    Business: counsel seeks time move application
    Next Purpose: Case Management Hear/Pre--Trial Conference
    Next Hearing Date: 15-01-2025
    
    Date: 15-01-2025
    Business: submissions heard put up for fp
    Next Purpose: Case Management Hear/Pre--Trial Conference
    Next Hearing Date: 18-02-2025
    
    Date: 18-02-2025
    Business: none put up  for fp
    Next Purpose: Case Management Hear/Pre--Trial Conference
    Next Hearing Date: 20-03-2025
    
    Date: 20-03-2025
    Business: put up for appearance of plaintiff
    Next Purpose: Case Management Hear/Pre--Trial Conference
    Next Hearing Date: 28-04-2025
    
    Date: 28-04-2025
    Business: none despite repeated call court fees and cost not paid  hence  case is dismissed in default and for non prosecution.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 28-04-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 3808/2024
    Filing Date: 21-11-2024
    eFiling Number: ADL20230002250C202400035
    eFiling Date: 21-11-2024
    First Hearing Date: 25th November 2024
    Decision Date: 28th April 2025
    Court Number And Judge: 767-District Judge Commercial Court-02

    Orders

    11
    Final Order 6
    28 Apr 2025
    Order Details: COPY OF ORDER
    Pdf Text: 5 CS (COMM) 594/24
    Mohit Mehendiratta
    Vs.
    Mohd Rafiq
    28.04.2025
    Present: None since morning despite repeated call till 1:00 pm.
    Plaintiff has not filed court fees till date. Even cost of Rs.3,000/-
    was imposed upon the plaintiff on 18.02.2025 to be deposited with DLSA,
    Shahdara, which the plaintiff has not deposited nor the receipt of deposit of
    cost filed on record till date. It seems that the plaintiff is not interested in
    pursuing the present case and thus, the present case is dismissed in default
    and for non-prosecution.
    File be consigned to record room.
    (Kiran Bansal)
    District Judge, Commercial Court-02,
    Shahdara District, Karkardooma Courts,
    Delhi /28.04.2025.
    -- 1 of 1 --
    Interim Order 5
    20 Mar 2025
    Order Details: COPY OF ORDER
    Pdf Text: 6 CS (COMM) 594/24
    Mohit Mehendiratta
    Vs.
    Mohd Rafiq
    20.03.2025
    Present: None since morning despite repeated call till 2:11 pm.
    On the last date of hearing also, none had appeared on behalf of
    plaintiff. Previous cost also not paid by the plaintiff.
    In the interest of justice, no adverse order.
    Put up for appearance on behalf of plaintiff and for compliance
    of previous orders on 28.04.2025.
    (Kiran Bansal)
    District Judge, Commercial Court-02,
    Shahdara District, Karkardooma Courts,
    Delhi /20.03.2025.
    -- 1 of 1 --
    Interim Order 4
    18 Feb 2025
    Order Details: COPY OF ORDER
    Pdf Text: CS (COMM) 594/24
    Mohit Mehendiratta
    Vs.
    Mohd Rafiq
    18.02.2025
    Present: None for the plaintiff despite repeated calls since morning.
    Even on the last date of hearing, more time was sought to move
    appropriate application. The suit has been instituted on 22.11.2024 and has not
    proceeded further due to lapse on the part of the plaintiff. As per the Reader
    also, no application has been e-filed as reflected on the portal. Cost of
    Rs.3,000/- is imposed upon the plaintiff for today’s adjournment. Cost be
    deposited with DLSA, Shahdara and receipt be placed on record.
    Put up for further proceedings on 20.03.2025.
    (Kiran Bansal)
    District Judge, Commercial Court-02,
    Shahdara District, Karkardooma Courts,
    Delhi / 18.02.2025
    -- 1 of 1 --
    Interim Order 3
    15 Jan 2025
    Order Details: COPY OF ORDER
    Pdf Text: CS (COMM.) NO. 594/2024
    MOHIT MEHENDIRATA
    VS.
    MOHD. RAFIQ
    15.01.2025
    Present: Sh. Gaurav, Ld. Proxy Counsel for plaintiff.
    More time sought to move appropriate application.
    As the case has not proceeded further due to the lapse on the part
    of the plaintiff, it is directed that plaintiff shall not be entitled to interest for
    intervening period.
    Put up for further proceedings on 18.02.2025.
    (Kiran Bansal)
    District Judge, Commercial Court-02,
    Shahdara District, Karkardooma Courts,
    Delhi / 15.01.2025
    -- 1 of 1 --
    Interim Order 2
    16 Dec 2024
    Order Details: COPY OF ORDER
    Pdf Text: CS (COMM) 594/24
    Mohit Mehendiratta
    Vs.
    Mohd Rafiq
    16.12.2024
    Present: Sh. Yogesh, Ld. Counsel for plaintiff.
    List of documents and list of additional documents under Order XI
    Rule 1 CPC along with documents and supporting affidavit of Sh. Mohit
    Mehendiratta filed on behalf of plaintiff.
    Plaintiff now wishes to file Part B of the E-way bills and Bank
    account statement to show receiving of the payment from the defendant within
    the jurisdiction of the present court. But, no appplication has been filed by the
    plaintiff for taking on record the additional documents (running into 13 pages) as
    per the additional list of documents.
    Ld. counsel for plaintiff seeks time to move appropriate application
    under Order XI Rule 1 (5) Commercial Courts Act.
    Let the same be done.
    Put up for further proceedings on 15.01.2025.
    (Kiran Bansal)
    District Judge, Commercial Court-02,
    Shahdara District, Karkardooma Courts,
    Delhi / 16.12.2024
    -- 1 of 1 --
    Interim Order 1
    25 Nov 2024
    Order Details: COPY OF ORDER
    Pdf Text: 2 CS (COMM) 594/24
    Mohit Mehendiratta
    Vs.
    Mohd Rafiq
    25.11.2024
    Fresh suit received on assignment basis. It be checked and
    registered.
    Present: Sh. Durgesh Pal, Ld. Counsel for plaintiff through VC.
    Court fees not filed by the plaintiff. Certificate under Section 63
    of Bharatiya Sakshya Adhiniyam, 2023 in support of digital evidence also not
    filed. List of documents also not filed as per the Commercial Courts Act. No
    bank account statement has been filed by the plaintiff showing receiving of
    payment from the defendant with the jurisdiction of the present Court.
    Counsel seeks time to do the needful.
    At request, put up for further proceeding on 16.12.2024.
    (Kiran Bansal)
    District Judge, Commercial Court-02,
    Shahdara District, Karkardooma Courts,
    Delhi / 25.11.2024.
    Digital signature not appended as the same have expired and renewal of the same has been
    applied.
    -- 1 of 1 --
    Order 5
    20 Mar 2025
    Order Details: COPY OF ORDER
    Pdf Text: 6 CS (COMM) 594/24
    Mohit Mehendiratta
    Vs.
    Mohd Rafiq
    20.03.2025
    Present: None since morning despite repeated call till 2:11 pm.
    On the last date of hearing also, none had appeared on behalf of
    plaintiff. Previous cost also not paid by the plaintiff.
    In the interest of justice, no adverse order.
    Put up for appearance on behalf of plaintiff and for compliance
    of previous orders on 28.04.2025.
    (Kiran Bansal)
    District Judge, Commercial Court-02,
    Shahdara District, Karkardooma Courts,
    Delhi /20.03.2025.
    -- 1 of 1 --
    Order 4
    18 Feb 2025
    Order Details: COPY OF ORDER
    Pdf Text: CS (COMM) 594/24
    Mohit Mehendiratta
    Vs.
    Mohd Rafiq
    18.02.2025
    Present: None for the plaintiff despite repeated calls since morning.
    Even on the last date of hearing, more time was sought to move
    appropriate application. The suit has been instituted on 22.11.2024 and has not
    proceeded further due to lapse on the part of the plaintiff. As per the Reader
    also, no application has been e-filed as reflected on the portal. Cost of
    Rs.3,000/- is imposed upon the plaintiff for today’s adjournment. Cost be
    deposited with DLSA, Shahdara and receipt be placed on record.
    Put up for further proceedings on 20.03.2025.
    (Kiran Bansal)
    District Judge, Commercial Court-02,
    Shahdara District, Karkardooma Courts,
    Delhi / 18.02.2025
    -- 1 of 1 --
    Order 3
    15 Jan 2025
    Order Details: COPY OF ORDER
    Pdf Text: CS (COMM.) NO. 594/2024
    MOHIT MEHENDIRATA
    VS.
    MOHD. RAFIQ
    15.01.2025
    Present: Sh. Gaurav, Ld. Proxy Counsel for plaintiff.
    More time sought to move appropriate application.
    As the case has not proceeded further due to the lapse on the part
    of the plaintiff, it is directed that plaintiff shall not be entitled to interest for
    intervening period.
    Put up for further proceedings on 18.02.2025.
    (Kiran Bansal)
    District Judge, Commercial Court-02,
    Shahdara District, Karkardooma Courts,
    Delhi / 15.01.2025
    -- 1 of 1 --
    Order 2
    16 Dec 2024
    Order Details: COPY OF ORDER
    Pdf Text: CS (COMM) 594/24
    Mohit Mehendiratta
    Vs.
    Mohd Rafiq
    16.12.2024
    Present: Sh. Yogesh, Ld. Counsel for plaintiff.
    List of documents and list of additional documents under Order XI
    Rule 1 CPC along with documents and supporting affidavit of Sh. Mohit
    Mehendiratta filed on behalf of plaintiff.
    Plaintiff now wishes to file Part B of the E-way bills and Bank
    account statement to show receiving of the payment from the defendant within
    the jurisdiction of the present court. But, no appplication has been filed by the
    plaintiff for taking on record the additional documents (running into 13 pages) as
    per the additional list of documents.
    Ld. counsel for plaintiff seeks time to move appropriate application
    under Order XI Rule 1 (5) Commercial Courts Act.
    Let the same be done.
    Put up for further proceedings on 15.01.2025.
    (Kiran Bansal)
    District Judge, Commercial Court-02,
    Shahdara District, Karkardooma Courts,
    Delhi / 16.12.2024
    -- 1 of 1 --
    Order 1
    25 Nov 2024
    Order Details: COPY OF ORDER
    Pdf Text: 2 CS (COMM) 594/24
    Mohit Mehendiratta
    Vs.
    Mohd Rafiq
    25.11.2024
    Fresh suit received on assignment basis. It be checked and
    registered.
    Present: Sh. Durgesh Pal, Ld. Counsel for plaintiff through VC.
    Court fees not filed by the plaintiff. Certificate under Section 63
    of Bharatiya Sakshya Adhiniyam, 2023 in support of digital evidence also not
    filed. List of documents also not filed as per the Commercial Courts Act. No
    bank account statement has been filed by the plaintiff showing receiving of
    payment from the defendant with the jurisdiction of the present Court.
    Counsel seeks time to do the needful.
    At request, put up for further proceeding on 16.12.2024.
    (Kiran Bansal)
    District Judge, Commercial Court-02,
    Shahdara District, Karkardooma Courts,
    Delhi / 25.11.2024.
    Digital signature not appended as the same have expired and renewal of the same has been
    applied.
    -- 1 of 1 --

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