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DELHI HIGH COURT
C.HARI SHANKAR
Great Gatsby Club of India – Appellant
Versus
Mahesh Prefab Pvt. Ltd. – Respondent


JUDGMENT (ORAL)

C. Hari Shankar, J.

1. The impugned order dated 7th May, 2022, passed by the learned District Judge, Commercial Court ("the learned Commercial Court") in CS(Comm) 185/2021 (Mahesh Prefab Pvt. Ltd. v. The Great Gatsby Club of India), dismisses the application of the petitioner (the respondent before the learned Commercial Court) under Order VIII Rule 1(A) of the Code of Civil Procedure, 1908 (CPC), and also closes defence evidence.

2. Both these decisions are assailed by the petitioner.

3. Given the nature of the dispute, no detailed reference to the assertions in the plaint, wherefrom the present proceedings emanate, is necessary. A brief overview would suffice.

4. The respondent filed CS(Comm) 185/2021 against the petitioner, for recovery of an amount of Rs. 27,49,698/-.

5. It was alleged that the petitioner had awarded work order dated 23rd April 2015 and supply order dated 3rd September 2015 to the respondent for supply and erection of certain panels at the petitioner's site at Delhi and that, despite the respondent having successfully completed the assignment, the petitioner was in default of payment required to be made to the respondent against the w

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