Petitioner sought early hearing of a commercial recovery suit and had challenged the trial court's dismissal of its application to file late-retrieved documents. Counsel ultimately did not press the petition, opting to argue the case before the trial court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~44
Through: Mr. Sanjay Vashishtha with Mr. L A Vashishtha, Mr. Siddharth Karnawat and Mr. Siddharth Goswami, Advocates.
versus M/S SOMADITYA MANAGEMENT AND CONSULTING SERVICES PVT. LTD. .....Respondent Through: Mr. Nirmal Goenka, Advocate.
CORAM: HON'BLE MR. JUSTICE MANOJ JAIN
CM(M) 345/2023 1
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 00:47:13
for recovery. According to the plaintiff, who is engaged in business of industrial cleaning and sweeping equipments, based on several orders placed upon him by the defendant-M/s Somaditya management and Consulting Services Pvt. Ltd., it supplied material to defendant, from time to time. A running account was also maintained by the plaintiff and according to averments made in the suit, there is outstanding balance of Rs. 13,02,536/and suit has been field seeking recovery of abovesaid amount with interest.
“4. That the defendant placed several orders upon the plaintiff and accordingly the defendant from time to time since a long time. The plaintiff raised its invoices which were duly acknowledged by the defendant. The plaintiff is maintaining a running account in the name of the defendant in the regular course of its business.”
CM(M) 345/2023 2
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 00:47:13
that he may be permitted to place on record all such documents, which, inter alia, included purchase order dated 29.03.2017, and invoice of 22.08.2017 of Rs. 2,536/-.
MANOJ JAIN, J
MAY 14, 2025/ sw/PB
CM(M) 345/2023 3
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 00:47:13
1 issue framed by the court
Whether documents retrieved after a fire could be placed on record in a commercial suit under Order XI Rule 1(5) CPC for want of reasonable cause.
1 provisions across 1 enactments
M/S Roots Multiclean Ltd.
M/S Somaditya Management and Consulting Services Pvt. Ltd.
Manoj Jain
As recorded by the court registry
A petition under Article 227 of the Constitution invoking the High Court's supervisory jurisdiction over subordinate civil courts.
Judgements on the same questions, provisions and authorities, from every court
