DELHI HIGH COURT
AMIT BANSAL
Vatech Global Co. Ltd. – Appellant
Versus
Unicorn Denmart Ltd. – Respondent
| Table of Content |
|---|
| 1. factual background of the cases. (Para 1 , 2) |
| 2. arguments on distribution agreements. (Para 4 , 6 , 8) |
| 3. issues framed for resolution. (Para 10 , 11) |
| 4. decision on limitation in claims. (Para 18 , 19 , 20) |
| 5. validity of invoices as contracts. (Para 29 , 30) |
| 6. duration and operation of distributor agreement. (Para 31 , 42) |
| 7. evaluation of unicorn’s damage claims. (Para 51 , 54 , 56) |
| 8. objections regarding maintainability of suits. (Para 60 , 62) |
| 9. final decree and relief granted. (Para 70 , 71) |
JUDGMENT
Amit Bansal, J. By this common judgment I shall decide both the captioned cross suits. CS(COMM) 857/2017 was filed on behalf of Vatech Co. Ltd. (hereinafter referred to as `Vatech') as a summary suit under Order XXXVII of the Code of Civil Procedure, 1908 (CPC) seeking recovery of Rs.2,77,26,742/- along with interest of Rs.14,68,444/- computed from the due date till the date of filing of the suit along with pendente lite and future interest @ 14% per annum. CS(COMM) 1/2016 was filed on behalf of Unicorn Denmart Ltd. (hereinafter referred to as `Unicorn') for recovery of Rs.4,01,00,000/- towards damages for breach of agreed terms by Vatech along with future interest
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