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2023 Supreme(Del) 4072

CHANDRA DHARI SINGH
Transport India 3pl – Appellant
Versus
Indo Alusys Industries Limited – Respondent


Advocates appeared:
Mr. Mayank Wadhwa and Ms. Srishti Raichandani, Advocates, for the Petitioner.
Mr. Rajesh Banati, Mr. Ashish Sareen, Mr. Ankit Banati and Mr. Adil Asghar, Advocates, for the Respondent.

ORDER

Chandra Dhari Singh, J. (Oral)

1. The instant petition under Section 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") has been filed on behalf of the petitioner, praying as follows:

    "IN THE PREMISE, it is prayed that this Hon'ble Court may be pleased to call for the record of the case and revise the impugned order dated 19/11/2022 passed by Sh. Chander Shekhar, Ld. District Judge (Commercial Courts), KKD Courts in Civil Suit No. 207 of 2021 titled 'Transport India - 3PL Vs. Indo Alusys Industries Ltd.' and set-aside the same and this Hon'ble Court may further be pleased to direct the respondent pay the money as sought in the plaint along with interest @18% p.a. from the date of default till realization;

    Pass any such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present matter and in the interest of justice."

2. Learned counsel for the petitioner submitted that the petitioner/plaintiff is a partnership firm, instituted a suit for recovery of Rs.15,48,496/- along with interest @ 18% p.a. with pendente lite and future interest against the respondent/ defendant no. 1, which is a company and

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