HIGH COURT OF DELHI
DECCAN EDIBLES PRIVATE LIMITED – Appellant
Versus
S P J CARGO PRIVATE LIMITED – Respondent
J U D G M E N T
1. Before dwelling into the facts of the case, it is vital to mention that the petitioner herein/defendant before the learned District Judge (Commercial Court-04), South-East District, Saket Courts (hereinafter referred as “Trial Court”) is aggrieved by an order of the learned Trial Court whereby petitioner‟s application before the learned Trial Court under Order VI Rule 15A of the Code of Civil Procedure, 1908 (hereinafter referred as “CPC”) for striking of paragraph 24 to 38 of the plaint of the respondent has been dismissed. Consequently, the respondent has been allowed to rely upon paragraph numbers 24 to 38 of the plaint which according to petitioner is in violation of Order VI Rule 15A (4) CPC.
2. The background of the present case unfurl that the respondent filed a commercial suit numbered as CS (COMM) No. 813/2023 titled as “Cargo Private Limited v. Deccan Edibles Private Limited” for recovery of Rs. 1,06,27,996/- (Rupees One Crore Six Lakhs Twenty-Seven Thousand Nine Hundred Ninety-Six) along with 24% interest rate till the date of realization against the petitioner. Summons were issued in the said suit by the learned Trial Court on 13.09.2023.
3. The petitio
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