CS(COMM)56/2020 Page 1 of 19

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Reserve: 29^th July, 2022

Date of Decision: 10^th October, 2022

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CS(COMM) 56/2020

DEEPALI DESIGNS AND EXHIBITS PRIVATE LIMITED

having its Registered office at

1st and 2^nd floor, Plot No. 17,

Central Market, Punjabi Bagh

(West), Delhi-110026

..... Plaintiff

Through:

Mr. Raghvendra Singh, Mr. Abhishek

Gupta and Mr. Varun Agarwal,

Advocates.

versus

ENCOMPASS EVENTS PRIVATE LIMITED

having its registered office at Mez & Floor,

A-83 Okhla Industrial Area,

Okhla Ph-II, Delhi - 110020

(previously at Khasra No. 584

Main Extension Fatehpur Beri, Delhi - 110074)

..... Defendant

Through:

Mr. Ashutosh Kumar, Mr. K.P.

Jayaram and Mr. Pulkit Aggarwal,

Advocates.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G E M E N T

I.A.1529/2022

1. An application under Section XIIIA of Code of Civil Procedure, 1908

(hereinafter referred to as “CPC”) has been filed on behalf of the plaintiff

for Summary Judgment.

2022:DHC:4106

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2. The facts in brief are that in October, 2018 the defendant approached

the plaintiff in Delhi for supply of infrastructure and services for “Pravasi

Bhartiya Divas-2019” to be held from 21^st January, 2019 to 23^rd January,

2019 at Varanasi, Uttar Pradesh. Various correspondences were exchanged

for negotiations between October, 2018 to December, 2018 which resulted

into an Agreement dated 27^th December, 2018 through e-mail which

recorded the scope of infrastructure and services to be supplied by the

plaintiff and the consideration to be paid by the defendant was decided as

₹12,98,00,000/- inclusive of Goods and Service Tax (GST). The payment

schedule was agreed as under:

3. On 29^th December, 2018 the Billing Department of the defendant

prepared a draft written Agreement describing the agreed scope of

infrastructure and services, but proposed the different timing of payment viz:

2022:DHC:4106

CS(COMM)56/2020 Page 3 of 19

4. The plaintiff protested to the unilateral variation in the timing of

payment by the Billing Department of the defendant as the contract between

the parties already stood concluded. Discussions were again held between

the plaintiff and the Authorized Representative of the defendant over the

telephone on 01^stJanuary, 2019 and the payment schedule as agreed on 27^th

December, 2018 was reaffirmed and reiterated. The defendant consequently

withdrew the draft Agreement, and the parties did not sign the said

Agreement.

5. The Purchase Order No. DOPO18120145 dated 31^st December, 2018

was sent by the Billing Department of the defendant to the plaintiff on 3^rd

January, 2019 for the purpose of preparing the invoice and payment of GST.

Since, this Purchase Order was prepared on 31^st December, 2018 i.e. prior to

the telephonic conversation between the parties on 01^st January, 2019, it

contained the payment term as was proposed in the draft Agreement. At this

stage it was agreed and understood between the parties that the payment

terms as agreed in the e-mail annexed dated 27^th December, 2018 and as

reiterated and agreed by the parties on 01^st January, 2019 shall be binding on

the parties. The plaintiff successfully executed his contract and “Pravasi

Bhartiya Divas-2019” was successfully held from 21^st January, 2019 to 23^rd

January, 2019 at Varanasi, Uttar Pradesh. The plaintiff on the request of

defendant supplied additional infrastructure and services at the agreed cost

of ₹57,23,000/- inclusive of GST. The services were duly accepted and

utilized by the defendant without any complaint about any