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IN THE HIGH COURT OF DELHI AT NEW DELHI
AMIT BANSAL
Ajuni Enterprises Pvt. Ltd. through its Director Shri Kuljeet Singh – Appellant
Versus
Arsh Mohammad – Respondent
| Table of Content |
|---|
| 1. facts of the financial investment and parties' relationships. (Para 4 , 6 , 12) |
| 2. parties’ arguments related to proof of delivery and contract. (Para 13 , 14) |
| 3. court's analysis on the necessity of actual delivery proofs. (Para 16 , 19 , 20 , 22 , 28) |
| 4. legal standards for summary judgment under cpc. (Para 18 , 23 , 25 , 27) |
| 5. final ruling in favor of the plaintiff on the claim. (Para 31 , 32) |
JUDGMENT :
AMIT BANSAL, J.
I.A. 30226/2025 (seeking condonation of delay in filing the written synopsis as directed vide order dated 20.08.2025
1. The present application has been filed on behalf of the defendant no. 1 seeking condonation of delay of 75 days in filing written synopsis.
2. For the reasons stated in the application, the delay of 75 days in filing the written synopsis on behalf of the defendant no.1 is condoned.
3. The application stands disposed of.
I.A. 39590/2024 (under Order XIII-A of the Code of Civil Procedure, 1908
4. The present suit has been filed on behalf of the plaintiff seeking recovery of Rs. 4,23,34,250/- along with interest @ 18% and costs.
5. The captioned application has been filed on behalf of the plaintiff under Order XIII-A of the Code of Civil Pro
Summary judgment can be granted when the defendant has no realistic prospect of defending the claim, particularly in commercial disputes where evidence is inadequately presented.
Summary judgment may be granted when a party fails to establish a real prospect of successfully defending a claim as demonstrated by vague and insufficient defenses under applicable procedural rules.
The court emphasized that disputed documents and agreements raised triable issues that required evidence and could not be decided summarily.
In a suit based on invoices, the invoices must be treated as a written contract. If the Defendant raises no genuine triable issues or the defense is frivolous, the Plaintiff shall be entitled to judg....
Court upheld the trial court's ruling on limitation and interest, emphasizing ongoing commercial transactions while invalidating the claim for hand loan.
The central legal point established in the judgment is the application of the principles for granting leave to defend under a summary suit and the entitlement of the defendant to defend the suit base....
Failure to provide sufficient evidence of delivery and substantiate claims leads to dismissal of recovery suit.
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