G.S. MARBLES Vs. SHREE GRANITES

JUDGEMENT

(1.) The Appellant has filed the present Appeal against the judgment and decree dtd. 2/3/2023 ('impugned judgment') passed by the learned District Judge (Commercial Court)-02, Tis Hazari Court, Delhi, ('Trial Court') in CS (COMM) No. 496/2021 titled 'M/S Shree Granites v. M/S G.S. Marbles' ('Suit') and against the Orders dtd. 11/7/2022 and 23/9/2022 passed by the learned Trial Court.

(2.) Vide Order dtd. 11/7/2022, the learned Trial Court closed the right of the Appellant to file the Written Statement and the Appellant was proceeded ex-parte. Vide Order dtd. 23/9/2022, the learned Trial Court set aside the said Order dtd. 11/7/2022. However, the learned Trial Court further observed that since the period of 120 days for filing the Written Statement was already over, the Appellant's right to file the same was closed.

(3.) Vide the impugned judgment, the learned Trial Court has decreed the Suit in favour of the Respondent and against the Appellant for Rs.6,26,617.00(Rupees Six Lakh Twenty-Six Thousand Six Hundred Seventeen) along with interest @ 18% p.a. till the date of filing of the Suit and interest @ 12% p.a. from the date of institution of Suit till realization.