$~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 present suit has been filed by the plaintiff for recovery of money against the defendant. It is submitted that the suit pertains to invoices raised by the plaintiff between 15^th May, 2025 and 02^nd September, 2025 and the plaintiff seeks recovery of sums, which are disputed by the defendant.

3. It is submitted that the defendant has filed his written statement, wherein, it has raised the plea of set-off in respect of certain ascertained and quantified sums of money mainly recoverable from the plaintiff. The defendant’s claim of set-off arises out of the same transactions and between the same parties, who filled the same character as in the present suit, in accordance with the requirements of Order VIII Rule 6 CPC.

4. It is submitted that the defendant has suffered quantified direct and consequential losses aggregating to Rs. 2,53,20,587/-, on account of the plaintiff’s breaches. Further, these losses are supported by independent documentary evidence.

5. Furthermore, in addition to the quantified losses the defendant has also made bona fide payments totaling to Rs. 3,01,04,827/-, to the plaintiff during the period of the 51 invoices relied upon by the plaintiff. Thus, it is submitted that in terms of Order VIII Rule 6 CPC, the defendant is entitled to present a written statement, containing the particulars of the debt sought to be set-off and the present application has been filed to seek relief and permission of this Court to treat the plea of set-off as an integral part of the written statement.

6. Issue notice. Notice is accepted by learned counsel appearing for the plaintiff.

7. Learned Senior Counsel appearing for the plaintiff submits that once the plaintiff has already set up its case of set-off in the written statement, no permission as such is required from this Court.

8. Be that as it may, considering the submissions made before this Court, the defendant is granted permission to raise and treat the plea of set-off under Order VIII Rule 6 CPC, as part of the written statement as filed in the present suit.

9. Noting the aforesaid the present application is disposed of.

I.A. 26275/2025

10. The present application has been filed on behalf of the plaintiff under Order XXXVIII Rule 5 CPC read with Section 151 of the CPC, seeking attachment of subject property, i.e., property No. A-57, Wazirpur Industrial Area, Delhi-110052, before judgment of the property of the defendant.

11. During the pendency of the present application, an application being I.A. 388/2026 has been filed on behalf of the plaintiff, wherein, it is stated that despite the statement made on behalf of the defendant as recorded in the order dated 22, sold by the defendant on 02nd January, 2026. December, 2025 that the subject property already stands mortgaged with the Kotak Mahindra Bank and t