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2024 Supreme(Online)(DEL) 24797

HIGH COURT OF DELHI
M/S KM EUROPA METAL AG – Appellant
Versus
M/S NEW ERA INDUSTRIES – Respondent


Advocates:
KB LEGAL

ORDER

% 19.03.2024

1. The present petition has been filed under Article 227 of the Constitution of India impugning the order dated 22.10.2018 passed by the Learned Additional District Judge -02, South District, Saket Courts, New Delhi (hereinafter as “Trial Court”) in Civil Suit bearing no. 6855/2016 titled as “M/s New Era Industries vs M/s KM Europa Metal AG” whereby the learned trial court allowed the application filed by the respondent under Order VII Rule 14(3) of Code of Civil Procedure, 1908 (hereinafter as “CPC”) read with Section 151 CPC for leading additional evidence regarding certificate under Section 65 of the Indian Evidence Act. The petitioner herein is the defendant in the captioned civil suit before the learned trial court.

2. The petitioner is a company based in Germany and is a manufacturer and supplier of Patina Copper Sheets used for cladding of sloping roofs, pergolas etc under the brand name of “TECU”.

3. The respondent is a registered partnership firm with its registered office at 51, First Floor, Adhchini, New Qutab Hotel, New Delhi, 110017 and is stated to be engaged in importing and marketing a few reputed international branded products related t



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