##PAGE1##

$~23

* 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:

RFA(COMM) 212/2025 Page 1 of 3

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 19/01/2026 at 21:15:37

“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 by the

defendant, the contention of Ld. Counsel for plaintiff is

liable to be rejected for the relevant documents i.e.

bank statement as well as ledger account statement do

not stand proved in accordance with law by the

plaintiff. Even otherwise, plaintiff cannot be absolved

of onus of proving the fact that goods, it claims were

supplied to defendant vide invoices Mark A to Mark C,

were actually delivered by it to defendant.

16. Since plaintiff has failed to discharge the onus of

proving the fact that goods were delivered by it to the

defendant, the plaintiff is not entitled to any relief in

the present suit and hence the suit of the plaintiff is

dismissed. Plaintiff is left to bear cost of the suit.”

4. Ld. Counsel for the Appellant submits that the present suit was filed

during the COVID-19 pandemic period, and hence, at the time of the filing

of the suit the original invoices could not be traced and filed. However, the

original invoices and some other documents have now been traced by the

Plaintiff/Appellant and scanned copies of the same are also been filed on

record in the present appeal.

5. Ld. Counsel for the Appellant, therefore, submits that an opportunity

may be given to the Appellant to prove the documents by filing the original

documents before the Commercial Court itself.

6. In view thereof, this Court is of the opinion, that since the suit has

been dismissed merely for non-filing of original documents, the

Plaintiff/Appellant deserves to be given an opportunity to file the original

invoices.

RFA(COMM) 212/2025 Page 2 of 3

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 19/01/2026 at 21:15:37

7. Accordingly, the impugned order is set aside subject to deposit of

Rs.10,000/- as costs with the Delhi High Court Legal Services Committee.

The bank details of the Delhi High Court Legal Services Committee are as

under:

● Name:Delhi High Court Legal Services Committee

● Bank:UCO Bank, Delhi High Court.

● A/c No.:15530110008386

● IFSC Code: UCBA0001553

8. The Appellant is permitted to file the original documents which it

wishes to file by 25^th January, 2026 before the Commercial Court.

9. List before the Commercial Court on 10^th February, 2026.

10. The Commercial Court shall entertain the documents and also

examine PW-1, if so required and thereafter, adjudicate the suit in

accordance with law. The impugned judgement dated 26th November, 2021

is set aside.

11. Needless to