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2024 Supreme(Online)(DEL) 253

HIGH COURT OF DELHI
MS. JUSTICE SHALINDER KAUR, J
YASHODA ORGANIC FOODS PVT LTD – Appellant
Versus
BHARAT BHUSHAN GERA – Respondent


Advocates:
Mr. Anuj R. Yadav and Ms. Kajol Kumar, Advs., Mr. Suresh Agarwal, Adv.

JUDGEMENT

1. The petitioner is aggrieved by the order dated 02.11.2022 passed by the learned District Judge (Comm-02), West, Tis Hazari Court, New Delhi (in short “Trial Court”) in CS (Comm.) no. 12/2021, titled as “Bharat Bhushan Gera vs. Yashoda Organic Food Pvt. Ltd. and Ors.” whereby the learned Trial Court has taken off from the record, the list of witnesses filed by the petitioner. Thus, the present petition has been preferred invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India.

2. Petitioner herein is the defendant and the respondent herein is the plaintiff in CS (Comm.) no. 12/2021 which is pending adjudication before the learned Trial Court.

3. To put it succinctly, the short controversy emanates from the facts that on 24.12.2020, the respondent instituted a commercial suit against the petitioner seeking recovery of Rs. 43,20,120/- along with pendente lite interest for the alleged sale of skimmed milk powder weighing 15,000 kgs.

4. The petitioner filed written statement on 06.09.2021 denying the alleged sale and asserting that no such transaction of skimmed milk powder took place between the petitioner and the respondent. Furtherm

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