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2023 Supreme(Del) 3131

CHANDRA DHARI SINGH
Mohd. Ghous – Appellant
Versus
Subhash Taneja – Respondent


Advocates appeared:
Mr. Chirag Mittal, Advocate, for the Petitioner.
Nemo, for the Respondent.

ORDER

Chandra Dhari Singh, J. (Oral)--The instant revision petition under Section 115 of the Code of Civil Procedure, 1908 (`Code' hereinafter) has been filed on behalf of the petitioner seeking the following reliefs:

    "a) set aside the impugned order dated 18.05.2023 passed by the Court of Sh. Virender Bhat, Ld. District Judge Commercial Court, North Rohini, Delhi wherein the application under Order VII Rule 10 as well as application under Order VII Rule 11 CPC filed by the Petitioner/Defendant in the Civil suit (commercial) No. 645/2022 titled as Subhash Taneja Versus Mohd. Ghous were dismissed by the Ld. District Judge (Commercial).

    b) pass any such other or further order which this Hon 'ble Court may think fit and proper in the interest of justice."

2. The parties in the instant case are engaged in the business of buying and selling apples, regularly entering into agreements for the purchase and sale of the said commodity. The respondent/plaintiff had supplied the goods worth Rs.32,00,000/- to the petitioner/defendant but the amount was not paid by the petitioner on account of financial difficulties.

3. On 6th September, 2019, the parties entered into a settlement agreement for a

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