R. SANTOSH Vs. ONE97 COMMUNICATIONS LTD.

JUDGEMENT

(1.) This Regular First Appeal, instituted under Sec. 13 of the Commercial Courts Act, 2015 (in short, 'the CC Act'), impugns the Judgment dtd. 25/11/2024 passed by the learned District Judge (Commercial Court-06), South-East District, Saket Courts, New Delhi (hereinafter referred to as the 'District Judge') in CS (COMM) 422/2023, titled ONE97 Communications Ltd. v. R. Santosh, whereby the suit filed by the Respondent was decreed, and the Appellant was directed to pay to the Respondent a sum of ?5,00,000/-, together with the pendente lite and future interest at the rate of 8% per annum. The appellant was further directed to pay the cost of the Suit to the respondent, and in case the cost was not paid within thirty days, it was to carry interest at the rate of 6% per annum.

(2.) The facts relevant for adjudication of the present appeal, as emerging from the record, are thus:

(3.) Ms. R. Gayathri Manasa, the learned counsel for Appellant submits that the learned District Judge has erroneously passed the Impugned Judgment in so far as it has prematurely decided that the Appellant is liable to pay the Respondent a sum of Rs.5,00,000.00 along with pendente lite and future interest at 8% per annum, without appreciating that there is no document on record to substantiate such payment being made by the Respondent to the Appellant.