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2003 Supreme(Del) 566

MUKUNDAKAM SHARMA
MOTOROLA INDIA PRIVATE LIMITED – Appellant
Versus
SYMPHONY WIRELESS TELECOMMUNICATION ENTE – Respondent


Advocates Appeared:
Atul Kumar Sinha, GAURAV SARIN

Mukundakam Sharma, J.

( 1 ) THE present petition is filed by the petitioner company praying for an order that the respondent company is indebted to the petitioner and that it is unable to pay its debt as it has become commercially insolvent.

( 2 ) THE petitioner is a subsidiary of Motorala Inc. The petitioner is a supplier of telecom equipments to various Government departments and Public Sector undertakings etc. The respondent is a trader of telecom equipment and used to purchase telecom equipments from the petitioner and sell the same to its customers. The telecom equipments were shipped by the petitioner to the respondent on the basis of the purchase orders issued by the respondent for the same. During the course of its business with the respondent, the petitioner supplied and delivered telecom equipments of certain quantities at agreed prices to the respondent and raised invoices for the telecom equipments supplied, which were duly accepted. The said equipments were used and utilised by the respondent and at no stage the respondent raised any dispute either with regard to quality or standard of such equipments supplied by the petitioner to the respondent. It is stated that as p










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