$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA(COMM) 210/2024, CM APPL. 32128/2024-Stay M/S TRUE POWER SYSTEM LLP .....Appellant Through: Mr.Ram Kamal, Mr.Pankaj Kashyap & Mr.Vaibhav Arora, Advs. versus M/S MARUTI OXIDE & CHEMICALS .....Respondent Through: Mr.Kuldeep Gola, Adv. alongwith the sole proprietor of respondent. CORAM: HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 16.01.2025 1. The present appeal under Section 13 of the Commercial Courts Act, 2015 seeks to assail the judgment and decree dated 13.03.2024 passed by the learned District Judge (Commercial Court) North District, Rohini Courts, Delhi, in CS (COMM.) 453/2021. Vide the impugned judgment, the learned Trial Court has decreed the suit preferred by the respondent/ plaintiff for a sum of Rs.15,74,772.42/- alongwith interest @ 9% p.a. 2. The sole submission of learned counsel for the appellant is that even if the written statement of the appellant having been filed belatedly could not be taken on record, the appellant was entitled to an opportunity to file written statement to the amended plaint filed subsequently as also an opportunity to cross-examine the witness of the respondent/plaintiff. 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 24/01/2025 at 15:15:05 3. In support of his plea that the appellant was deprived of the opportunity to cross-examine the witness of the respondent, learned counsel for the appellant draws our attention to order dated 14.03.2023 passed by the learned Trial Court wherein it has been recorded that cross-examination of PW-1, by learned counsel for the defendant/appellant was ‘nil’ as its defence had already been struck off. He, therefore, prays that the impugned judgment be set aside and the matter be remanded back to the learned Trial Court for re- adjudication of the suit on merits after granting an opportunity to the appellant to cross-examine PW-1, the witness of the respondent. 4. Having perused the order dated 14.03.2023, we find absolutely no merit in this plea of the appellant as it is evident from the said order that learned counsel for the appellant was granted an opportunity to cross-examine PW-1, but he chose not to cross-examine him. Further, we find that if the appellant was, as claimed, indeed denied an opportunity to cross-examine the plaintiff’s witness, why no steps were taken by the appellant to assail the order dated 14.03.2023 till the impugned judgment came to be passed on 13.03.2024. 5. When faced with this situation, learned counsel for the appellant submits that the appellant is willing to pay the principal decretal amount to the respondent in order to amicably resolve the matter. He, therefore, prays that the appellant be granted eight weeks’ time to pay the said amount to the respondent. 6. Learned counsel for the respondent on instructions from the sole proprietor of the respondent, who is present in Court, submits that the said offer is acceptable to the respondent subject to the appellant 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 24/01/2025 at 15:15:05 paying 50% of the principal decretal amount to him within four weeks and the balance amount within four weeks thereafter. 7. In the light of the aforesaid stand taken by the parties, we dispose of the appeal by directing the appellant to file an affidavit of its Managing Partner undertaking to pay 50% of the principal decretal amount to the respondent within four weeks from today and the remaining principal decretal amount within four weeks thereafter. The said affidavit be filed within ten days. 8. While disposing of the appeal, we make it clear that in case, the appellant does not file the necessary affidavit or does not pay the amount within the time noted hereinabove, it will be open for the respondent to execute the impugned judgment and decree as per law. 9. List the matter for compliance on 19.02.2025. REKHA PALLI, J SAURABH BANERJEE, J JANUARY 16, 2025 kk 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 24/01/2025 at 15:15:05