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2019 Supreme(Del) 1127

VINOD GOEL
Hansa Place Art Furniture’s Private Ltd. – Appellant
Versus
Dilip Kumar Sharma – Respondent


Advocates Appeared:
Ronak Karanpuria, Adv.

JUDGMENT :

1. C.M. No. 8942/2019 (for exemption)

1. Allowed, subject to all just exceptions.

2. The application is disposed of.

C.R.P. 56/2019 & CM No. 8941/2019 (for stay)

3. The impugned order dated 03.11.2018, passed by the Court of Civil Judge, West District, Tis Hazari Courts, Delhi dismissing the application of the petitioner/defendant under Order VII Rule 11 of the Code of Civil Procedure (CPC), is the subject matter of challenge in this revision petition.

4. The brief facts of the case are that the respondent/plaintiff has filed a suit for recovery of Rs.1,08,000/- with interest against the petitioner on account of selling them wooden items/furniture. The respondent is carrying its business of manufacturing and selling the wooden items/furniture at B-60, Second Floor, W.H.S. Kirti Nagar, New Delhi-15. The petitioner filed its application under Order VII Rule 11 CPC on the ground that the contract between the parties was entered into at Udaipur; they placed the order with the respondent at Hiran Magri, Udaipur for supplying of wooden items and furniture; they made the payment to the respondent vide cheque bearing No.980581 dated 13.04.2014 at the said place; and subsequent paym









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