CNR EXPORTS Vs. MOHD. QADEER

JUDGEMENT

(1.) The appellant (defendant in the suit) has filed the present appeal under Sec. 13(2) of the Commercial Courts Act, 2015 read with Order XLI of the Code of Civil Procedure, 1908 [hereafter the CPC], impugning a judgment dtd. 13/9/2024 [hereafter the impugned judgment] passed by the learned District Judge (Commercial Court)-04 [hereafter the Commercial Court], in CS (COMM) 614/2022 titled Mohd. Qadeer v. M/s CNR Exports.

(2.) The respondent (hereafter also referred to as the plaintiff) had filed the said suit [CS (COMM) No.614/2022] for recovery of a sum of ?3,73,383/- along with pendente lite and future interest at the rate of 24% per annum till the date of realization of the said amount. Additionally, the plaintiff had also sought a decree for costs and litigation charges. The learned Commercial Court allowed the aforementioned suit by the impugned judgment and decreed a sum of ?3,73,383/- along with pendente lite and future interest at the rate of 9% per annum from the date of the filing of the suit till the date of realization.

(3.) The appellant (hereafter also referred to as the defendant) is a sole proprietorship concern of Mr Vinayak Choudhary. It is stated that, he is engaged in the business of manufacturing and exporting of leather and leather garments under the name of his proprietorship concern (M/s CNR Exports). The plaintiff is the sole proprietor of M/s Mehtab Export House and is engaged in the business of raw skin, finished leather, hides and skins.