Delhi Book Store (M/s.) v. K. S. Subramaniam - 2006 Supreme(Online)(Del) 2

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2006 Supreme(Online)(Del) 2

DELHI HIGH COURT
, J
Delhi Book Store (M/s.) v. K. S. Subramaniam

Table of Content
1. introduction of the case and the financial dispute. (Para 1 , 2 , 3)
2. defendant's arguments against the suit and critical denial. (Para 4 , 10)
3. court's thorough examination of evidence and letters. (Para 5 , 7 , 8 , 9 , 11)
4. establishment of wrong claims regarding interest. (Para 6)
5. final conclusion on the non-sustainability of defendant's application. (Para 12)

1. I. A. No. 7418/2002 is an application filed by the defendant under Order 37 , Rule 3, sub-rule 5 read with Section 151 of the Code of Civil Procedure (for short 'CPC') praying for grant of unconditional leave to defend the suit. The plaintiff is a registered partnership concern with its office at 5, Anari Road, Darya Ganj, Delhi. The firm is engaged in the business of marketing and printing books. It also is an importer of printed books. Mr. Vijay Ahuja is one of the registered partners of the partnership concern and has signed and verified the plaint and instituted the present suit on behalf of the partnership firm.

2. The defendant had approached the plaintiff on 6th May, 1998 for purchase of printed books on credit-basis. After negotiations, the plaintiff agreed to supply the printed books to t