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2025 DAILYLAW 56470 (DEL)

M/S TARA MERCANTILE PVT LTD. v. M/S J.K. CHEMICALS & ORS.

CM(M)/1945/2025 · 2025-10-09

Girish Kathpalia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1945/2025, CM APPL. 63110/2025 & 63111/2025 M/S TARA MERCANTILE PVT LTD. .....Petitioner Through: Mr. Vinod Kumar Dahiya, Advocate versus M/S J.K. CHEMICALS & ORS. .....Respondents Through: None CORAM: HON'BLE MR. JUSTICE GIRISH KATHPALIA O R D E R % 09.10.2025 1. Petitioner/plaintiff has assailed orders dated 14.07.2025 and 22.09.2025 of the learned Commercial Court, whereby application of plaintiff under Order XI Rule 1(5) CPC was dismissed and even the review was dismissed. 2. Broadly speaking, after conclusion of plaintiff’s evidence, the petitioner/plaintiff filed application under Order XI CPC seeking to place on record certain invoices. The petitioner/plaintiff claimed that the said invoices would show delivery of goods to Standard Chemicals. Standard Chemicals is not a party to the suit. Petitioner/plaintiff tries to project that the goods were supplied to Standard Chemicals on directions of the defendant/respondent. The learned trial court in the impugned order (paragraph 12) took a view that there is no pleading of the petitioner/plaintiff to the effect that the goods were supplied to Standard 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 10/10/2025 at 14:42:48 Chemicals on directions of the defendant/respondent (J.K. Chemicals). Therefore, the application was dismissed. Thereafter, even review application was dismissed. 3. After part arguments, learned counsel for petitioner/plaintiff seeks permission to withdraw this petition. 4. Accordingly, the petition and the accompanying applications are dismissed as withdrawn. GIRISH KATHPALIA, J OCTOBER 9, 2025/as 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 10/10/2025 at 14:42:48