$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:25^th November, 2024 + C.R.P. 248/2019 & CM APPL. 47721/2019 GATI KINTETSU EXPRESS PVT LTD .....Petitioner Through: Mr. Anant Bhushan, Advocate through VC.

versus M/S NARMADA MEDICAL AGENCY & ANR .....Respondents Through: None.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral)

1. The present Revision Petition under Section 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC, 1908”) has been filed on behalf of the Petitioner/Defendant No.2 against the Order dated 11.09.2019 vide which the Application under Order VII Rule 11 read with Section 151 of CPC, 1908 filed by the Petitioner/Defendant No. 2, has been dismissed.

Respondent No.1/Plaintiff had filed a suit for Recovery of Rs.1,02,869/- along with interest at the rate of 18% per annum. It is submitted that Respondent No.2/Defendant No.1 had placed an Order for medicines worth Rs.1,02,869/- which were delivered vide Bill No.SB/18-19/00472 dated 12.04.2018 through the Revisionist/Defendant No.2, the carrier. Respondent No.1/Plaintiff stated that the medicines were to be delivered through Defendant No.2 on the condition of Cash on