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2023 Supreme(Del) 3889

MANMEET PRITAM SINGH ARORA
Radha Enterprises Through Its Proprietor Smt. Shashi Sharma – Appellant
Versus
Tandoori Vibes Through Its Partner Md. Zainul – Respondent


Advocates appeared:
Mr. Kunal Kalra and Mr. Ankit Bhutani, Advocates
Mr. Karanjot Singh Mainee and Ms. Shreya Gupta, Advocates with Ms Tanu Mehra, AR of Respondents.

JUDGMENT

Manmeet Pritam Singh Arora, J. (Oral)

1. This petition filed under Article 227 of the Constitution of India impugns the order dated 05.06.2023 passed by District Judge, Commercial Court-03, Patiala House Courts, New Delhi (`Commercial Court') in CS (COM.) No. 151/2021 titled as Tandoori Vibes v. Shri Radhe Enterprises & Anr., whereby the Commercial Court dismissed the Petitioners application filed under Order VIII read with Order XI of the Code of Civil Procedure, 1908 (`CPC'), as amended by the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (`the Act of 2015') filed on 05.06.2023 for taking on record additional documents.

1.1. The Petitioners herein are the defendants and the Respondents herein are the plaintiffs, in the commercial suit.

1.2. The Respondents herein filed a suit seeking decree against the Petitioners herein and in favour of the Respondents, for declaring the Franchise Agreement dated 30.03.2018 executed between the parties as void on grounds of fraud and misrepresentation. In the said suit Respondents also sought a decree of recovery of Rs. 58,80,000/- and a decree of damages against the Petitioner No.1 f

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