$~4

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 1137/2025, I.A. 26275/2025, I.A. 388/2026 & I.A.

634/2026

MUDIT IMPEX PVT LTD THROUGH SANJAY JAINGH ITS DIRECTOR .....Plaintiff

Through: Mr. Sunil Dalal, Sr.Adv. with Mr.

Sujeet Beniwal, Mr. Rajiv Singh, Mr. Ankit Rana, Ms. Shipra Bali, Mr. Bharat Khurana and Mr. Sarthak

Malhotra, Advs.

versus

BNK ALLOYS PVT.LTD THROUGH ITS DIRECTOR SH ANIL SINGHAL .....Defendant

Through: Mr. Vaibhav Gaggar, Sr. Adv. with

Mr. Satish Rai, Ms. Ambikka Singh, Mr. Lakashay Agarwal, Ms. Shatakshi Sharma, Mr. Harsh Pratap

Singh and Ms. Charis Yadav, Advs.

Mob: 8851694839

Email: contact@sradvocates.in

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 12.01.2026

I.A. 634/2026

1. The present application has been filed by the defendant under Order VIII Rule 6, read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”), seeking the permission of this Court to raise and treat the plea of set-off as forming part of the written statement filed in the present suit, so as to enable this Court to adjudicate the plaintiff’s claim and the defendant’s

claim to set-off together, in accordance with law.

2. Learned Senior Counsel appearing for the defendant submits that the