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2023 Supreme(Del) 2658

VIBHU BAKHRU, AMIT MAHAJAN
Crompton Greaves Consumer Electricals Limited – Appellant
Versus
Kay Ess Electronics And Electricals – Respondent


Advocates appeared:
Mr. Hemant Daswani and Ms. Saumya Bajpai, Advocates, for the Appellant.
Mr. Guru Datt Parashar and Mr. Lalit Sharma, Advocates, for R-3.

JUDGMENT

Vibhu Bakhru, J. (Oral)

1. The appellant has filed the present appeal impugning an order dated 15.11.2022 passed by the learned Commercial Court under Order VII Rule 10 of the Code of Civil Procedure, 1908 (hereafter 'CPC').

2. The appellanta/plaintiff had filed the aforesaid suit inter alia praying for a decree for a sum of Rs.1,66,60,555/- (Rupees One Crore Sixty Six Lakhs Sixty Thousand Five Hundred Fifty Five only) along with the interest at the rate of 18% per annum from the month of July 29, 2016, to the date of institution of the suit. The plaint was filed on 01.03.2019.

3. Although, the appellant had prayed for pre-suit interest; it did not quantify for the same. In addition, the appellant has also prayed for the payment of pendente lite interest at the rate of 18% per annum on the principal amount claimed (that is, Rs.1,66,60,555/- plus interest at the rate of 18% per annum from 29.07.2016 to 01.03.2019).

4. Respondent No. 1 (Defendant No. 1) in the suit is a firm constituted by defendant No. 2 and 3 (respondent No. 2 and 3 in the present appeal). The office of respondent No. 1 firm, falls within the territorial jurisdiction of the District Court at Dwarka. Th

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