* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 28.08.2024 Pronounced on: 14.11.2024 + CS(COMM) 1318/2018 BALCORP LIMITED .....Plaintiff Through: Mr. Rakesh Tiku, Sr. Adv. with Ms. Arpan Wadhawan, Mr. Dev Ashish Mishra, Mr. Monu Kumar and Mr. Sandeep Kumar, Advs.

versus M/S GANGA RAM BRIJ MOHAN .....Defendant Through: Mr. Ankit Jain, Mr. Shiven Khuana, Mr. Manjit Singh and Mr. Aditya Chauhan, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

J U D G M E N T

I.As.1953/2020, 9616/2023 & 37751/2024

1. By the present Judgment, this Court shall dispose of the above applications.

2. I.A.1953/2020 has been filed by the plaintiff praying for a direction to take off the record the written statement filed by Mr.Ankit Goel, and pass a Judgment against the defendant as arrayed.

3. On the other hand, I.A.9616/2023 has been filed by Mr.Ankit Goel claiming therein that as the defendant has been arrayed in the name of a proprietorship concern, which is not a legal entity, the Suit be rejected under Order VII Rule 11 of the Code of the Civil Signature Not Verified CS(COMM) 1318/2018 Page 1 of 22 Digitally Signed Procedure, 1908 (in short, ‘CPC’) as being barred by law.

4. I.A. 37751/2024 has also been filed by Mr.Ankit Goel seeking permission of this Court for Mr.Brij Mohan Goel to endorse the written statement filed on behalf of M/s Ganga Ram Brij Mohan, by affixing the signatures of Mr.Brij Mohan Goel thereon and to permit Mr.Brij Mohan Goel to file a separate affidavit/statement of truth adopting the stand of M/s Ganga Ram Brij Mohan as taken in the written statement.

CASE OF THE PLAINTIFF IN THE SUIT:

5. This Suit has been filed by the plaintiff seeking recovery of the alleged loss suffered by the plaintiff due to the alleged breach of the contractual obligations on the part of the defendant firm. By way of this Suit, the plaintiff seeks the following reliefs against the defendant:

“(a) Pass a decree in favour of the Plaintiff and against the Defendant thereby granting a sum of US$ 3,61,665 towards losses incurred by the Plaintiff on account of the breach of contracts by the Defendant, (b) Award pendente lite and future interest @ 12 % per annum to the Plaintiff till date of realization of the aforementioned amount by the Plaintiff;

(c) Award costs in favour of the Plaintiff.”

6. It is the case of the plaintiff that it is a company incorporated in Canada and is inter alia engaged in the business of exporting California almonds from USA to various countries including India. The plaintiff asserts that the defendant, M/s Ganga Ram Brij Mohan, is a sole proprietary firm of Shri Brij Mohan Goel, its proprietor.

Signature Not Verified CS(COMM) 1318/2018 Page 2 of 22 Digitally Signed

7. It is the case of the plaintiff that the plaintiff, through its agent in India, namely, SJSS Trade Links Pvt. Ltd., entered into four contracts with the defendant firm, dated 24.04.2015, 25.04.2015, 02.05.2015, and 07.05.2015, for the supply of California almonds. The details of these contracts are mentioned herein below:

“(a) CAL/039/2015/NPIS dated 24.04.2015 for supply forty five thousand pounds (45000 Lbs.) @ US$ 3.54 per Lbs FAS based on 70% yield. The shipment under the said contract was to be done in October 2015.

(b) CAL/042/2015/NPIS dated 25.04.2015 for supply of forty five thousand pounds (45000 Lbs.) @ US$ 3.54 per Lbs FAS based on 70% yield. The shipment under the said contract was to be done in October 2015.

(c) CAL/044/2015/NPIS dated 02.05.2015 for supply of forty five thousand pounds (45000 Lbs.) @ US$ 3.58 per Lbs FAS based on 70% yield. The shipment under the said contract was to be done in October 2015.

(d) CAL/052/2015/NPIS dated 07.05.2015 for supply of forty five thousand pounds (45000 Lbs.) @ US$ 3.61 per Lbs FAS based on 70% yield. The shipment under the said contract was to be done in October 2015.”

8. The plaintiff asserts that the plaintiff shipped the abovementioned quantities of California almonds in accordance with the aforesaid contracts and the ship