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IN THE HIGH COURT OF DELHI AT NEW DELHI
NITIN WASUDEO SAMBRE, AJAY DIGPAUL
Mapele Engineers India – Appellant
Versus
Regent Engineers Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. article under commercial courts act and cpc outlines (Para 1 , 2) |
| 2. transaction and payment issues leading to suit (Para 3 , 4 , 5 , 6 , 7) |
| 3. defendant claims regarding quality and delays (Para 8 , 9 , 10) |
| 4. court's analysis of admitted and denied claims and evidence (Para 14 , 15 , 16 , 18 , 19) |
| 5. summary judgment procedures and criteria (Para 21 , 22 , 24) |
| 6. dismissal of appeal and confirmation of lower court's judgment (Para 65 , 66 , 67) |
JUDGMENT :
NITIN WASUDEO SAMBRE, J.
1. This appeal has been filed by the original defendants under Section 13 (1) of the Commercial Courts Act, 2015 read with Section 96 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”).
2. The learned Commercial Court, vide judgment dated 17th May, 2025, while appreciating the contentions of the respondent–plaintiff qua the scheme under the provisions of Order XIII-A of the CPC, decreed the suit.
3. The facts necessary for deciding the present appeal are, respondent–plaintiff who is engaged in the business of trading electrical goods, entered into a transaction with the present appellant-original defendant no. 1, a partnership firm, and defendant no. 2, its partner, based
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 confirmed that jurisdiction is established where significant parts of the cause of action arise, supported by relevant documentation, and upheld the decree in absence of a legitimate triabl....
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—Suit cannot be summarily decreed at instance of a plaintiff unless such plaintiff satisfies court that suit claim stands duly proved.
The court affirmed that documents not disclosed with the written statement in commercial cases cannot be admitted, but contradictory decisions on evidence closure were ruled unsustainable.
The amended Order XIII-A of The Civil Procedure Code applies to suits for Summary Judgment transferred to the Commercial Division, and the plaintiff must provide clear and unequivocal evidence to sup....
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