Dismissed¶14

M/S True Power System LLP v. M/S Maruti Oxide & Chemicals

Delhi HC16 Jan 2025RFA(COMM)/210/2024

Case brief

AI extract

What is this about?

Delhi High Court, RFA(COMM) 210/2024, decided 19.02.2025 by Justices Rekha Palli and Manoj Jain: commercial first appeal under Section 13, Commercial Courts Act 2015, by M/s True Power System LLP against decree dated 13.03.2024 (CS (COMM.) 453/2021, District Judge Commercial Court, Rohini) for Rs.15,74,772.42 plus 9% p.a. interest in favour of M/s Maruti Oxide & Chemicals; appeal DISMISSED for non-compliance with order dated 16.01.2025 (failure to pay principal decretal amount in two installments and to file managing partner's affidavit); respondent free to execute the decree; no cases cited; no costs discussed.

What did the court decide?

No relief to appellant; appeal dismissed for non-compliance of order dated 16.01.2025, with the respondent left free to seek execution of the impugned judgment and decree as per law. ¶14

M/S True Power System LLP Vs M/S Maruti Oxide & Chemicals — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No relief to appellant; appeal dismissed for non-compliance of order dated 16.01.2025, with the respondent left free to seek execution of the impugned judgment and decree as per law.

¶14

Issue for consideration

Whether the appeal should be dismissed for the appellant's non-compliance with the order dated 16.01.2025 (undertaking to pay the principal decretal amount in installments and file the affidavit of its managing partner).

¶13

Court's answer

Since the appellant neither filed the requisite affidavit nor paid any amount towards the principal decretal amount as undertaken on 16.01.2025, the Bench had no other option but to dismiss the present appeal for non-compliance of order dated 16.01.2025.

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Ratio / Principle

Upon dismissing the appeal, it was expressly made clear that it will remain open for the respondent to seek execution of the impugned judgment and decree as per law.

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Detailed headnote1 paragraphs

High Court of Delhi at New Delhi (Rekha Palli and Manoj Jain, JJ.), order dated 19.02.2025 in RFA(COMM) 210/2024 — appeal under Section 13 of the Commercial Courts Act, 2015 filed by M/s True Power System LLP (appellant) assailing the judgment and decree dated 13.03.2024 passed by the District Judge (Commercial Court), North District, Rohini Courts, Delhi, in CS (COMM.) 453/2021, whereby the suit of M/s Maruti Oxide & Chemicals (respondent) was decreed for Rs.15,74,772.42/- alongwith interest @ 9% p.a. On 16.01.2025, counsel for the appellant, on instructions from the appellant present in Court, submitted that the appellant was willing to pay the principal decretal amount to amicably resolve the matter; the Court accordingly gave the appellant eight weeks to make the payment in two equal installments and four weeks to file an affidavit of its managing partner, adjourning the matter for compliance. At the subsequent sitting it was an admitted position that the appellant had neither filed the requisite affidavit nor paid any amount whatsoever. Holding it had no other option, the Bench dismissed the appeal for non-compliance of order dated 16.01.2025, expressly clarifying that it remains open to the respondent to seek execution of the impugned judgment and decree as per law.

¶1

$~28

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- RFA(COMM) 210/2024 M/S TRUE POWER SYSTEM LLP .....Appellant Through: Mr.Vaibhav Arora, Adv.

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versus

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M/S MARUTI OXIDE & CHEMICALS .....Respondent Through: Mr.Kuldeep Gola, Adv. alongwith the sole proprietor of respondent.

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CORAM: HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE MANOJ JAIN O R D E R

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% 19.02.2025

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The present appeal under Section 13 of the Commercial Courts Act, 2015, was filed assailing the judgment and decree dated 13.03.2024 passed by the learned District Judge (Commercial Court) North District, Rohini Courts, Delhi, in CS (COMM.) 453/2021. Vide the impugned judgment, the learned Trial Court has decreed the suit preferred by the respondent/ plaintiff for a sum of Rs.15,74,772.42/alongwith interest @ 9% p.a.

¶9

On 16.01.2025, when the appeal was taken up for consideration, learned counsel for the appellant had, on instructions from the appellant who was present in Court, submitted that the appellant would be willing to pay the principal decretal amount to the respondent in order to amicably resolve the matter. The appellant was, therefore, granted eight weeks’ time to make the said payment in two equal installments as also file an affidavit of its managing partner

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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 17:28:37

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within four weeks. The matter was, therefore, adjourned for ensuring compliance of it’s undertaking by the appellant.

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It is an admitted position that till date, the appellant has neither filed the requisite affidavit nor paid any amount whatsoever, to the respondent.

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In these circumstances, we have no other option but to dismiss the present appeal for non-compliance of order dated 16.01.2025.

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The appeal is, accordingly, dismissed by making it clear that it will be open for the respondent to seek execution of the impugned judgment and decree as per law.

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REKHA PALLI, J

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MANOJ JAIN, J

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FEBRUARY 19, 2025 kk

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M/S True Power System LLP v. M/S Maruti Oxide & Chemicals

Case brief

What is this about?

What did the court decide?

M/S True Power System LLP v. M/S Maruti Oxide & Chemicals

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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