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2023 Supreme(Del) 4668

GAURANG KANTH
Ayushi Air Express Private Limited – Appellant
Versus
Transportation India-3PL – Respondent


Advocates appeared:
Mr. Vijay Datt Gahtori and Mr. Atul Kr. Pandey, Advocates, for the Appellants.
Ms. Niti Khanna, Advocate for Mr. Mayank Wadhwa, Advocate, for the Respondent.

JUDGMENT

Gaurang Kanth, J.

1. The Appellants in the present Appeal are aggrieved by the Impugned Judgment & Decree dated 14.12.2022 ("impugned judgment") passed by the learned ADJ-3, New Delhi District, Patiala House Courts, New Delhi in Civil Suit bearing CS No.408/20 titled as Transportation India 3 PL Vs Aayushi Air Express Pvt. Ltd..

2. The Appellants had failed to file an application seeking leave to defend in the said Suit. The learned Trial Court, accordingly, vide the Impugned Judgment, based on the uncontroverted documents placed on record by the Respondent, decreed the Suit for recovery filed by the Respondent under Order XXXVII of the Code of Civil Procedure, 1908.

3. With consent of the learned counsel for the Appellants, the Appeal is taken up for hearing. Learned counsel for the Appellants state that he had filed complete Trial Court record and consented for the disposal of the present Appeal based on the documents placed on record by him.

BRIEF FACTS RELEVANT FOR THE DISPOSAL OF THE PRESENT APPEAL ARE AS FOLLOWS:

4. The Respondent is a registered partnership firm represented through its partner, engaged in the business of providing logistic services including trans

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