(1.) The present petition under Article 227 of the Constitution of India has been filed impugning the orders dtd. 8/1/2024 and 25/11/2023, passed by the learned District Judge, Commercial Court-01, Shahdara, Karkardooma Courts, Delhi in CS(COMM) 83 of 2023 titled as 'Mohit Malik Prop. Of M/s Om Sai Traders vs. Vijay Kumar Gupta Prop. Of M/s Shri Balaji Namkeen Udyog'. The petitioner herein is the defendant and the respondent herein is the plaintiff before the learned Trial Court.
(2.) A brief factual history of the case is that the respondent herein is engaged in the business of supplying furnace burners for liquid fuel and other such mechanical machinery and runs its business through its proprietorship namely 'M/s Om Sai Traders' where the respondent herein, Mohit Malik, is the proprietor. The petitioner herein is engaged in the business of production of food products such as breads, pastries, cakes and many such other products through its proprietorship firm 'M/s Shri Balaji Namkeen Udyog' wherein the petitioner herein, Vijay Kumar Gupta, is the proprietor.
(3.) The petitioner/defendant approached the respondent/plaintiff at his office in August 2018, where the petitioner expressed his desire to purchase industrial fuel. The same was purchased telephonically and an invoice amounting to Rs.1,98,240.00 was raised for the same. The amount was then deposited in the bank account of the respondent.