M/S Giga Pipe Systems India Pvt Ltd v. Sakshat Jain Prop M/S Polyraw Enterprises

$~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 717/2025 & CM APPL. 23142/2025 M/S GIGA PIPE SYSTEMS INDIA PVT LTD .....Petitioner Through:

Mr. Ajay Paul Marken, Advocate (Through VC) versus SAKSHAT JAIN PROP M/S POLYRAW ENTERPRISES .....Respondent Through:

None

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 22.04.2025 1.

After hearing arguments for some time, learned counsel for petitioner submits that he does not press the present petition. 2.

He, however, seeks a very limited clarification. 3.

He submits that the documents, which had been submitted by the plaintiff when he had moved application under Order XI Rule 1 (5) CPC, were manipulated and forged and though some such documents have been permitted to be taken on record, he may be permitted to establish and demonstrate during the trial that these documents are manipulated and forged. 4.

After having gone through the impugned order, this Court is of the considered opinion that such right has already been provided to the defendant as the learned Trial Court has, in no uncertain words, observed that the claim of the defendant that the documents were manipulated or forged could not have been considered at such stage. By implication, only a comprehensive trial shall establish such assertion.

CM(M) 717/2025 1 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 25/04/2025 at 10:56:10

5.

The petition is accordingly disposed of as not pressed and it is also clarified that it would be up to the defendant to demonstrate during the trial that such documents were manipulated or forged. MANOJ JAIN, J APRIL 22, 2025/dr/shs CM(M) 717/2025 2 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 25/04/2025 at 10:56:10