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2024 Supreme(Online)(DEL) 11004

HIGH COURT OF DELHI
MS. JUSTICE SHALINDER KAUR, J
M/S SANA FOOD PRODUCTS & ORS. – Appellant
Versus
M/S ASHWMEGH SPICES PVT. LTD – Respondent


Advocates:
Mr. B.N. Gaur, Adv., Mr. Saurabh Sharma and Ms. Sonali Sharma, Advs.

JUDGEMENT

1. The present petition has been preferred under Article 227 of the Constitution of India, assailing the Order dated 29.11.2021, passed by the learned District Judge, Commercial Court, Rohini, New Delhi (hereinafter referred as „learned Trial Court‟) in CS(COMM) 190 of 2019 titled as “M/s Ashwmegh Spices Pvt. Ltd. Vs M/s Sana Food Products” (hereinafter “Impugned Order”) whereby the application filed by the petitioners under Order VIII Rule 1 read with Section 151 of the Code of Civil Procedure (hereinafter “CPC”) seeking condonation of delay in filing the written statement was dismissed. The petitioners herein are the defendants and the respondent herein is the plaintiff before the learned Trial Court, which is pending adjudication.

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2. The petitioner no.1 is a partnership firm dealing in the business of food products such as Namkeen etc. The petitioners no.2 & 3 are partners in the petitioner no.1 firm. The respondent on the other hand deals in various spices.

3. The petitioners herein approached the respondent in the year 2017 at the office of the respondent company and expressed their interest in supplying goods to the respondent for consideration on

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