Shri Narinder Kumar Trading As M/S Kundan Trading Company (Prop Firm). v. Kyoto Tool Co., Ltd. & ORS.

$~31 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO (COMM) 81/2026 SHRI NARINDER KUMAR TRADING AS M/S KUNDAN TRADING COMPANY (PROP FIRM).

.....Appellant Through:

Mr. Arvind Singh, Adv.

versus KYOTO TOOL CO., LTD. & ORS.

.....Respondents Through:

Mr. Manish Biala and Mr. Devesh Ratan, Advs. for R-1.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 11.05.2026 1.

This appeal lays a challenge to the order dated 03.02.2026 passed by the learned District Judge (Commercial Court)-08, Tis Hazari Courts (Central), Delhi whereby the application under Order XXXIX Rules 1 & 2 of the Code of Civil Procedure, 1908 has been dismissed. 2.

We have been informed by the learned counsel for the respondents that the suit is at the stage of respondent no.1's evidence. The evidence of the respondent no.2 has been recorded and respondents nos.3 and 4 being performa parties, their evidence is not required. 3.

At this stage, learned counsel for the respondent no.1 states as he has filed affidavit of evidence, he is ready to produce the sole witness for examination on the date fixed by this Court before the Local Commissioner (LC). Accordingly, we fix the dates for recording the evidence before the 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 15/05/2026 at 12:23:40

LC as 18.05.2026 & 19.05.2026. We take on record the submission made by the learned counsel for the respondent no.1 that the respondent no.1 shall not take an adjournment before the LC.

4.

If that be so, it is expected that the LC shall complete the recording of evidence on the aforesaid two dates. As we have been informed that the next date of hearing before the learned District Judge is 23.05.2026, it is expected that the learned District Judge shall hear the counsel for the parties on the said date or any date to which the suit is adjourned, and decide the suit in accordance with law.

5.

The appeal is disposed of.

V. KAMESWAR RAO, J MANMEET PRITAM SINGH ARORA, J MAY 11, 2026/rk 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 15/05/2026 at 12:23:40