JUDGMENT :

Pushpendra Singh Bhati, J.

1. This Civil Misc. Appeal under Section 13 of the Commercial Court Act, 2015 has been preferred claiming the following reliefs :

“It is, therefore, respectfully prayed that the appeal may kindly be allowed and the judgment and decree dated 25.08.2023 passed by the learned Commercial Court no.2, Jodhpur in Civil Original Case no.12/2022 (NCV No.53/2021) ‘M/s. Prem Cables Pvt. Ltd. Versus M/s. Naolin Infrastructure Pvt. Ltd.’ may kindly be set aside and the suit filed by the plaintiff may kindly be dismissed.

Any other appropriate direction or order which this Hon’ble Court deems fit in the facts and circumstances of the case may kindly be granted.”

2. Brief facts of the case, as placed before this Court by learned counsel for the appellant-defendant are that the respondent-plaintiff is a private limited company, having its registered office at Ahmedabad (Gujarat) and the factory premises are situated at Pipaliya Kala, District Pali, Rajasthan. The respondent-plaintiff is engaged in the business of manufacturing, selling and import-export of aluminum, conductors and steel reinforcement.

2.1. The appellant-defendant having registered office in Hyderaba