* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 28.08.2024 Pronounced on: 14.11.2024 + CS(COMM) 1318/2018 BALCORP LIMITED .....Plaintiff Through: Mr. Rakesh Tiku, Sr. Adv. with Ms. Arpan Wadhawan, Mr. Dev Ashish Mishra, Mr. Monu Kumar and Mr. Sandeep Kumar, Advs.

versus M/S GANGA RAM BRIJ MOHAN .....Defendant Through: Mr. Ankit Jain, Mr. Shiven Khuana, Mr. Manjit Singh and Mr. Aditya Chauhan, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

J U D G M E N T

I.As.1953/2020, 9616/2023 & 37751/2024

1. By the present Judgment, this Court shall dispose of the above applications.

2. I.A.1953/2020 has been filed by the plaintiff praying for a direction to take off the record the written statement filed by Mr.Ankit Goel, and pass a Judgment against the defendant as arrayed.

3. On the other hand, I.A.9616/2023 has been filed by Mr.Ankit Goel claiming therein that as the defendant has been arrayed in the name of a proprietorship concern, which is not a legal entity, the Suit be rejected under Order VII Rule 11 of the Code of the Civil Signature Not Verified CS(COMM) 1318/2018 Page 1 of 22 Digitally Signed Procedure, 1908 (in short, ‘CPC’) as being barred by law.

4. I.A. 37751/2024 has also been fi