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2025 Supreme(Online)(Del) 7687

IN THE HIGH COURT OF DELHI AT NEW DELHI
ANISH DAYAL, NITIN WASUDEO SAMBRE, JJ
MOHINDER KUMAR GANDHI – Appellant
Versus
PRAVEEN KUMAR – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Pinaki Addy, Ms. Neetu Singh, Mr. Dheeraj Kumar, Ms. Jyoti, Mr. Ankur Sharma, Mr. Rahul Kumar
For the Respondents: Nemo

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The appellant, who is engaged in selling plastic sheets, filed a suit for recovery of dues from the respondent, claiming that goods were supplied as evidenced by invoices and other related documents (!) (!) .

  2. The trial court found that the appellant failed to prove delivery of goods to the respondent, as there was no production of signed delivery challans, transport receipts, or acknowledgment slips, and the evidence was deemed incomplete and self-serving (!) (!) .

  3. The appellant relied on invoices, GST filings, e-way bills, and ledger accounts as proof of transactions; however, the court held that these documents alone were insufficient to establish delivery or liability without independent supporting evidence (!) (!) .

  4. The evidence regarding delivery was contradicted by the testimony of the appellant’s representatives, who failed to provide details such as vehicle number or transport receipts, and the distance between the parties’ premises was inconsistent with the delivery claims (!) (!) .

  5. The appellant's assertion that invoices were sent via courier lacked supporting proof of receipt by the respondent, and the absence of original delivery challans further weakened the case (!) (!) .

  6. The court emphasized that entries in books of accounts are relevant but not sufficient by themselves to establish liability, especially in the absence of corroborative documents such as vouchers or payment records (!) .

  7. The statutory presumption created by e-way bills under tax law does not substitute the civil burden of proof regarding delivery or contractual obligations (!) .

  8. The appellant’s application to introduce additional evidence at the appellate stage, namely the delivery challans, was denied because the documents were within the appellant’s knowledge and could have been produced earlier; the court highlighted that such evidence was not justified for late submission (!) (!) .

  9. The appellant did not produce original purchase orders or contemporaneous communication showing that respondent had ordered the goods, and the testimony of the authorized representative was found to be inadmissible due to lack of personal knowledge (!) (!) .

  10. Overall, the court concluded that the appellant failed to substantiate the essential element of delivery or a valid business transaction, leading to the dismissal of the appeal and upholding of the trial court’s judgment (!) (!) .

  11. The legal principles applied reinforce that the burden of proof rests on the plaintiff to establish delivery and transaction details, and mere reliance on invoices and account entries without independent corroboration is insufficient (!) (!) .

  12. The court also clarified that additional evidence can only be admitted in exceptional circumstances, such as when it was not possible to present such evidence earlier despite due diligence, which was not demonstrated in this case (!) (!) .

These points collectively highlight that the failure to produce concrete evidence of delivery, corroborated by independent documents, was the primary reason for the dismissal of the recovery suit and the rejection of the appeal.


ANISH DAYAL, J.

1. The present appeal has been filed under Section 13 of the Commercial Courts Act, 2015 (‘CC Act’) read with Section 96 of the Code of Civil Procedure, 1908 (‘CPC’), by Appellant (original plaintiff), Shri Mohinder Kumar Gandhi, Proprietor of M/s Capital Plastic House, assailing the judgment and decree dated 14th May 2025, passed by the learned District Judge (Commercial Court)-02, Central District, Tis Hazari Courts, Delhi in CS (COMM) No. 1032/2024, titled “Mohinder Kumar Gandhi v Praveen Kumar”.

Factual Matrix

2. Appellant/plaintiff is the proprietor of M/s Capital Plastic House, engaged in the business of selling polycarbonate sheets, like PVC sheets and sunboard sheets. Respondent/defendant, Shri Praveen Kumar, is the proprietor of M/s Pioneer Polyplast, carrying on a similar business.

3. Respondent/defendant approached him for supply of various kinds of polycarbonate sheets, PVC Sheets and related items. The said goods were alleged to be supplied to respondent/defendant, and two invoices dated 31st July 2021 and 07th August 2021 were raised.

4. It was the case of appellant/plaintiff that multiple invoices were raised towards supply of goods, and as on 7th August

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