KULJIT SINGH Vs. PAWAN GOYAL

JUDGEMENT

(1.) The appellant is an individual and a sole proprietor of concern named M/s G.F. Electronics. The appellant has filed the present appeal impugning a judgment/decree dtd. 30/5/2023 (hereafter the impugned judgment) delivered by the learned Commercial Court in CS(COMM) 205/2021 captioned Sh. Pawan Goyal v. Kuljit Singh and Another.

(2.) Respondent no.1, Pawan Goyal (hereafter the plaintiff), is a sole proprietor of a concern named Baba Trading Company. The plaintiff had filed the above-captioned suit for recovery of an amount of 8,23,677/- (Rupees eight lacs twenty-three thousand six hundred and seventy-seven only) along with future interest and costs against the appellant (hereafter referred to as defendant no.1) and respondent no.2, who was arrayed as defendant no.2 in the said suit.

(3.) The aforementioned suit was decreed in terms of the impugned judgment for a sum of 8,23,677/- along with pendente lite and future interest at the rate of 6% per annum till realisation of the entire amount. The record indicates that the suit was filed as a summary suit under Order XXXVII of the Code of Civil Procedure, 1908. However, the plaintiff had consented that the said suit be considered as an ordinary suit and be tried, accordingly.