SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(Del) 5546

MANMOHAN, MINI PUSHKARNA
Hq Lamps Manufacturing Co. Pvt. Ltd. – Appellant
Versus
Everlight Electronics India Pvt. Ltd. – Respondent


Advocates appeared:
Mr. Vipin Singh Bansal with Ms. Amrita Verma and Mr. Sushant Singh, Advocates, for the Appellant.
Mr. Venamra Mahaseth with Mr. Himanshu Kumar, Advocates, for the Respondents.

JUDGMENT

Mini Pushkarna, J. (Oral)

1. The present appeal has been filed against the judgment dated 25th July, 2023 passed by the District Judge (Commercial - 03), Patiala House, New Delhi in CS (COMM) No. 200/2023. By way of the impugned judgment, the suit for recovery filed on behalf of appellant herein was rejected under provisions of Order VII Rule 11 of Code of Civil Procedure, 1908 ("CPC") for violating the mandate of Section 12A of The Commercial Courts Act, 2015 as amended by Amendment Act, 2018 ("Commercial Courts Act").

2. As per the facts canvassed before this Court, the appellant had business dealings with the respondents being engaged in the business of manufacturing, trading, export and import of wide range of LED lights, lamps, compact fluorescent lamps, etc. During the course of business, the appellant started facing rejections and replacements from major clients, due to sub-standard quality of LED chips supplied by respondent no.2 and suffered a loss to the tune of Rs. 1,87,00,499/-. Thus, a suit for recovery, being CS (COMM) No. 200/2023 was filed on behalf of the appellant. The said suit was rejected by the impugned judgment dated 25th July, 2023 passed by the Distri

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top