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2024 Supreme(Online)(DEL) 8413

HIGH COURT OF DELHI
RAJESH WADHAWAN – Appellant
Versus
SH NAVEEN SABHARWAL – Respondent


J U D G M E N T

1. The petitioner has preferred to invoke the power of superintendence vested in this Court under Article 227 of the Constitution impugning the order dated 10.04.2023 passed by learned District Judge (Commercial Court) -01, West, Tis Hazari Court, Delhi (in short “Commercial Court”) in CS (COMM) No. 320/2021 titled as “Sh. Naveen Sabharwal Proprietor M/s Nav Prints vs Shr. Rajesh Wadhawan Proprietor M/s Global Trendz” whereby petitioner’s written statement was not allowed to form part of the record in view of non-conformity to Order VI Rule 15A of Code of Civil Procedure, 1908 (in short “CPC”) thereby striking of his defence in the suit. 2. It would be apposite to elucidate the relevant facts starting with the respondent filing a suit for recovery of Rs. 33,50,081/- against the petitioner before the learned Commercial Court wherein the summons were issued to the petitioner on 13.08.2021. The petitioner was served with summon of the Signature Not Verified Digitally Signed CM(M) 1297/2023 Page 1 of 10 suit through WhatsApp and email on 26.08.2021. On 23.10.2021, the petitioner did not appear before the learned Commercial Court and hence was proceeded ex-parte. Later th

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