PRADEEP NANDRAJOG, J.

1. Sun Tzu said : Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat. The facts which we notice hereinafter are a reminder that in Courts, tactics without strategy is the noise to confuse the Court and it is useless to create a noise because nobody pays a dime to hear noise. It is melodious signing which fetches an earning.

2. City Palace Electronics Pvt. Ltd. (hereinafter referred to as City Palace) is the defendant. M/s. Sony India Pvt. Ltd. (hereinafter referred to as the Sony) is the plaintiff.

3. Sony instituted a suit for recovery of Rs.31,09,100/- (Rupees Thirty One Lacs Nine Thousand and One Hundred only) against City Palace invoking the summary jurisdiction under Order 37 of the Code of Civil Procedure, 1908. Sony pleaded that it was marketing electronic goods under the brand name ‘SONY’ and ‘AIWA’. It pleaded that City Palace was appointed as its authorized dealer, albeit without a formal dealership agreement executed. On purchase orders placed by City Palace, raising invoices, goods were supplied by Sony to City Palace and suit amount was liable to be paid as outstanding payment. C