(1.) This appeal assails the impugned judgment and decree dtd. 25/4/2024, passed by the District Judge, Commercial Court, Tis Hazri Courts, Delhi in CS (COMM) No. 535/2023, by which the suit filed by respondent [original plaintiff] was decreed for Rs.7,48,850.00 against the appellant [original defendant] with simple interest @ 9 % per annum from 15/7/2022 till realization, along with costs.
(2.) Decree was passed by the Trial Court ex parte, decreeing the suit in favor of the respondent/plaintiff. Pursuant to which appellant/defendant filed an application under Order IX Rule 13 of the Code of Civil Procedure, 1908 ('CPC') on 3/6/2025, for restoring the original suit and setting aside ex parte decree. Vide order dtd. 5/8/2025 [Misc.DJ No.470/2025], the application under Order IX Rule 13 of CPC was dismissed.
(3.) Respondent/plaintiff filed a suit for recovery of principal amount of Rs.7,48,850.00 along with interest of Rs.2,17,152.00 calculated at 12% per annum w.e.f. 16/10/2023 up to 15/3/2023 and legal notice charges at Rs.6000.00, thus totaling to Rs.9,72,000.00.
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