Paras Fab vs Sukh Sagar Silk and Saree

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
PRATEEK JALAN
Paras Fab – Appellant
Versus
Sukh Sagar Silk and Saree – Respondent

Table of Content
1. claim for payment based on unpaid invoices. (Para 2 , 4 , 5 , 6)
2. defendant's defenses regarding the maintainability and details of the invoices. (Para 7 , 8)
3. court's analysis of the defenses and the basis for granting leave. (Para 11 , 12)
4. scope of intervention under article 227 and standard of review. (Para 14 , 15)
5. final order on leave to defend and deposit requirements. (Para 17 , 19)

JUDGMENT

Prateek Jalan, J. (Oral)--The proceedings in the matter have been conducted through video conferencing.

CM APPL. 4619/2022 (exemption for filing certified copies of annexures).

Exemption allowed, subject to all just exceptions.

The application stands disposed of.

CM(M) 87/2022 & CM APPL. 4618/2022 (stay)

1. Issue notice. Mr. Parveen Kumar Aggarwal, learned counsel, accepts notice on behalf of respondent-plaintiff. The petition is taken up for hearing with the consent of learned counsel for the parties.

2. The petitioner-defendant assails an order dated 11.11.2021 passed by the learned District Judge, Commercial Court-02, South District, Saket Courts, New Delhi in CS (COMM) 431/2020, whereby the Trial Court has granted leave to defend under Order XXXVII of the

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DELHI HIGH COURTPRATEEK JALANParas Fab – AppellantVersusSukh Sagar Silk and Saree – Respondent

DELHI HIGH COURT
PRATEEK JALAN
Paras Fab – Appellant
Versus
Sukh Sagar Silk and Saree – Respondent