SPAN HEALTHCARE PRIVATE LIMITED Vs. VISHAL SHARMA PROPRIETOR

JUDGEMENT

(1.) The present petition under Article 227 of the Constitution of India has been filed by the petitioner (hereinafter referred to as 'plaintiff') challenging the order dated 12th February, 2021 passed by the District Judge (Commercial Court), East District, Karkardooma Courts, Delhi (hereinafter referred to as 'Commercial Court') in CS(COMM) No.319/2019, whereby, unconditional leave to defend has been granted to the respondent (hereinafter referred to as 'defendant') in a summary suit under Order XXXVII of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') filed by the plaintiff.

(2.) A revision petition was filed by the plaintiff against the impugned order. However, the said revision petition was dismissed by this Court vide order dated 16th April, 2021 while giving liberty to the plaintiff to avail appropriate remedies in law. Accordingly, the present petition has been filed. Notice in the petition was issued on 14th July, 2021. Pursuant to the notice issued by this Court, reply has been filed on behalf of the defendant.

(3.) The suit from which the present petition arises was filed in August, 2019 under Order XXXVII of the CPC claiming principal sum of Rs.82,86,379 along with interest @ 14% per annum, inter alia pleading that: