HIGH COURT OF DELHI
MS AUTO MOVERS – Appellant
Versus
LUMINOUS POWER TECHNOLOGIES PVT LTD – Respondent
CM(M)-604/2020
Page 1 of 11
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IN THE HIGH COURT OF DELHI AT NEW DELHI
%
Pronounced on: 16th September, 2021
+
CM (M) 604/2020, CM APPL. 30745/2020 (by the petitioner
u/S 151 CPC for stay)
M/S. AUTO MOVERS
..... Petitioner
Through:
Ms. Deepika Mishra, Advocate
Versus
LUMINOUS POWER TECHNOLOGIES PVT LTD
..... Respondent
Through:
Mr. Pallav Saxena, Mr. Deepak
Chawla, Mr. Aruj Dhingra and Mr.
Neeraj Malik, Advocates
CORAM:
HON'BLE MS. JUSTICE ASHA MENON
J U D G M E N T
1.
This petition has been filed under Article 227 of the Constitution of
India impugning the order dated 20th February, 2020 passed by the
learned Additional District Judge-03 (West), Tis Hazari Courts, Delhi in
CS No.613329/2016.
2.
The petitioner is the defendant before the learned Trial Court. The
respondent/plaintiff had filed a suit against the petitioner/defendant for
recovery
of
a
sum
of
Rs.28,43,209.68/-.
In
the
suit,
the
respondent/plaintiff claimed that it was a well-known manufacturer
providing portfolio of solutions for packaged power, diversified
generation, electrical control and safety and energy optimisation. The
2021:DHC:2893
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petitioner/defendant was one of its several regional stockists and
distributors, who were appointed to procure/buy goods being traded by
the respondent/plaintiff and supply them to wholesalers and retailers of
the respondent/plaintiff in the market, who, in turn, would sell the same
to the consumers.
3.
It was stated by the respondent/plaintiff in the plaint that with
every supply of requisite number of goods effected by the
respondent/plaintiff to the petitioner/defendant, an invoice was raised and
on delivery of the goods, the invoice along with the driver’s copy of
delivery challan was duly signed by the petitioner/defendant, as a mark of
satisfaction.
4.
The respondent/plaintiff claimed that it had a running current
account with the petitioner/defendant against which a statement of
account/ledger was regularly maintained by it in the normal course of
business. No dispute had so far been raised by the petitioner/defendant
against the supply effected by the respondent/plaintiff. On the basis of
various invoices issued from 30th November, 2010 till 30th April, 2011, a
sum of Rs.55,55,335.10/- had been payable by the petitioner/defendant.
The respondent/plaintiff affirmed that till that date, it had received a sum
of Rs.24,72,616.42/- along with Rs.15,000/-, which was received by it
after a Legal Notice had been issued to the petitioner/defendant for
dishonour of cheques. Thus, a sum of Rs.28,43,209.68/- against several
invoices was due and payable by the petitioner/defendant. Accordingly,
the suit was filed.
5.
The petitioner/defendant has not disputed that it used to place
orders for supply of goods upon the respondent/plaintiff and that there
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were business transactions between the parties. The petitioner/defendant
denied owing any amount to the respondent/plaintiff as it had not ordered
for inverters, batteries, etc., which the respondent/plaintiff had sent to it
and when this was brought to the notice of the respondent/plaintiff, on
their instructions, the petitioner/defendant had sent the goods to another
distributor of the respondent/plaintiff located at Asansol, West Bengal.
However, the preliminary objection raised by the petitioner/defendant
was to the jurisdiction of the learned Trial Court to try the suit.
6.
It
was
claimed
that
the
orders
were
placed
by
the
petitioner/defendant, which was located at Suri, Birbhum, West Bengal,
to the regional office at Kolkata, where the respondent/plaintiff took
orders for supply of goods, which were then sent from the respondent’s
godown at Kolkata, to the petitioner/defendant at Suri, District Birbhum,
West Bengal. It was further submitted that the cheque stated to have been
dishonoured was actually a cheque given towards security