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2023 Supreme(Del) 3159

MANMOHAN, MINI PUSHKARNA
Tirupati Cable Industries Through Its Proprietor Sh. Rohtash Sharma – Appellant
Versus
Nagma Enterprises Through Its Proprietor Mr. Mohd – Respondent


Advocates appeared:
Mr. M.R. Chanchal, Advocate, for the Appellant.
None, for the Respondent.

JUDGMENT

Mini Pushkarna, J.: (Oral)

1. The present appeal challenges judgment and decree dated 11th July, 2022 passed by District Judge (Commercial Courts), North-East District, Karkardooma Courts, Delhi in CS (COMM) No. 52/2021, titled as "Nagma Enterprises Vs. M/s Tirupati Cable Industries". By way of the impugned judgment and decree, the suit for recovery filed on behalf of respondent herein was decreed.

2. Facts that emerge from the documents on record are that appellant purchased PVC compound from respondent herein against various invoices. However, appellant did not pay the full amount pertaining to the said invoices. Since appellant did not make payment towards the goods supplied to it despite various reminders and demand, respondent filed a suit for recovery praying for decree in sum of Rs.6,61,104/- along with interest. By the impugned judgment and decree, suit for recovery filed on behalf of respondent was allowed. Against the said judgment and decree dated 11th July, 2022, the present appeal has been filed.

3. On behalf of appellant, it is contended that the PVC compound delivered by respondent on 11th September, 2019 and 15th September, 2019 per

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