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DELHI HIGH COURT
PRATHIBA M.SINGH
R.G. Overseas – Appellant
Versus
Adroit Trading Nuts Pvt. Ltd. – Respondent


JUDGMENT

Prathiba M. Singh, J. (Oral)--The present petition arises out of the impugned order dated 9th April, 2018, by which the application under Section 10 CPC moved by the Petitioner - M/s RG Overseas (hereinafter, "RG Overseas") has been dismissed by the Trial Court.

2. The background is that there was a transaction for supply of dry fruits between M/s Adroit Trading Nuts Pvt. Ltd., Delhi - the Respondent (hereinafter, "Adroit") to R.G. Overseas. The case of Adroit is that supplies were made and various bills were raised. The total sale value of the goods which were supplied was Rs.1,55,72,852/-. However, there was a shortfall in the amount which was paid by R.G. Overseas. Accordingly, a sum of Rs.4,50,000/- was stated to be outstanding and payable by R.G. Overseas to Adroit and accordingly a legal notice was issued by Adroit to R.G. Overseas dated 7th November, 2016 calling upon R.G. Overseas to make the outstanding payments.

3. R.G. Overseas, however, did not reply to the notice, but chose to file a suit in Amritsar seeking declaration and injunction (`Amritsar suit'). In the said suit, the case of M/s R.G. Overseas was that there was a full and final settlement on 5th Ma

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