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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RFA(COMM) 212/2025

M/S SHREE METALS REPRESENTED THROUGH ITS

AUTHORIZED PARTNER MR RAHUL BAID .....APPELLANT

Through: Ms. Puja Jakhar, Advocate; Mr.

Harshit Prakash, Advocate

versus

MR AKHIL GUPTA PROPRIETOR M/S PAUL ELECTRICAL

.....RESPONDENT Through: None.

CORAM:

JUSTICE PRATHIBA M. SINGH

JUSTICE SHAIL JAIN

O R D E R

% 23.12.2025

1. This hearing has been done through hybrid mode.

2. This is an appeal challenging the impugned judgment and decree dated 26th November, 2021 passed by the ld. District Judge Commercial Court-03, Central District, Tis Hazari Courts, Delhi in CS(COMM) NO. 5234/2021 whereby the suit filed by the Plaintiff has been dismissed on the ground that the Plaintiff failed to discharge the onus of proving the fact that

the goods were delivered by it to the Defendant.

3. The ground on which the suit has been dismissed is that the original documents, i.e., the invoices, the ledger, etc., were not properly proved and are only marked documents. The finding of the Commercial Court is as

under:

“15. Although counsel for plaintiff has contended that defendant has made part payment of Rs. 3,00,000/- which itself proved that goods were received