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2024 Supreme(Del) 139

JYOTI SINGH
Shalimar Paints Ltd. – Appellant
Versus
National Marble & Sanitary Store & Anr – Respondent


Advocates appeared:
Mr. Avneet Singh Sikka, Advocate, for the Petitioner.
Mr. Sanjay Vashishtha and Mr. Vishal Kumar, Advocates, for the Respondent.

JUDGMENT

Jyoti Singh, J. (Oral) - Present appeal has been filed by the Appellant under Section 378 Cr.P.C. assailing order dated 22.11.2013 passed by learned MM (South)-01, NI Act, Saket Courts, Delhi in CC No. 550/1 titled `M/s Shalimar Paints Ltd. v. M/s National Marble & Sanitary Store'. Appellant/M/s. Shalimar Paints Ltd. was the Complainant before the Trial Court while Respondent No.1/M/s. National Marble & Sanitary Store was the accused. Respondent No.2 herein/M/s. National Marble & Sanitary Store VV was not arrayed as a party before the Trial Court. For the sake of convenience Complainant is referred to as the Appellant while accused is referred to as the Respondent hereinafter and Respondent No.2 is referred to as M/s. National Marble & Sanitary Store VV.

2. Appellant Company M/s. Shalimar Paints Ltd., which is a limited company and Respondent/M/s. National Marble & Sanitary Store, which is a partnership firm, of which Anil Khosla is a partner, entered into a business transaction, whereby Appellant supplied some paint products to Respondent. Appellant is in the business of manufacturing paints and other products and Respondent was one of its distributors, to which products we

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