AFR

HIGH COURT OF CHHATTISGARH, BILASPUR

WP227 No. 152 of 2021

•

M/s Flexituff Ventures International Limited (Formerly Known As M/s Flexituff

International Limited, Having Registered Office At C -41-50, Sez Sector 3,

Pithampur District Dhar, Madhya Pradesh, Through Its Authorized Signatory

Shri Rajesh Dubey

---- Petitioner

Versus

1. M/s Paras Drip Irrigation Through Its Partner Palak Patel, R/o Industrial Area,

Rajnandgaon District Rajnandgaon Chhattisgarh

2. Shri Sarvanan Through M/s Flexituff Ventures International Limited C - 41-50,

Sez Sector 3, Pithampur District Dhar, Madhya Pradesh

---- Respondents

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For Petitioner

:

Shri Ankit Singhal, Advocate

For Respondents

:

Shri Gyan Prakash Shukla, Advocate on

behalf of Shri Anup Majumdar, Advocate

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Hon'ble Shri Justice Parth Prateem Sahu

Order on Board

11.04.2022

1.

Challenge in this writ petition is to the impugned order dated 29.01.2021

passed by the 2^nd Civil Judge, Class-I, Rajnandgaon in Civil Suit No.8B of

2018, rejecting application filed under Section 10 of the CPC by

petitioner/defendant.

2.

Shri Ankit Singhal, learned counsel for the petitioner would submit that

petitioner is a registered Company and manufacturer of drippers, used for drip

irrigation. Respondent-1 is a dealer, based at Rajnandgaon, CG, who

purchased drippers from petitioner through various consignments. Total sale

amount was Rs.10,42, 368/-, out of which respondent-1/dealer paid only

Rs.7,45,568/- to petitioner and has not paid Rs.2,96,800/- even after several

reminders. This made the petitioner to file a Civil Suit, which is pending before

the Civil Judge, Senior Division, Kashipur, District Udham Singh Nagar,

Uttarakhand, for consideration. Upon receiving notice, respondents-1/plaintiff

Wp227 152 of 2021

2

appeared before the Civil Court at Kashipur and submitted written statement

vide Annexure P34. After submission of written statement to suit of the

petitioner, respondent-1/ plaintiff also filed Civil Suit before the Court at

Rajnandgaon seeking relief of damages of Rs.9,60,000/- on 05.03.2018.

Cause of action for filing of Civil Suit as appearing from plaint is, consignment

of supply of goods by petitioner to respondent-1 in between 10.06.2015 to

20.08.2016 of the value of Rs.10,05,000/-, further pleaded that the goods were

of inferior quality and having its total value of Rs.1,60,800/- only, claimed

Rs.9,60,000/- towards damages. It is contended that after receiving notice of

suit filed by respondent-1 which is subsequent one, petitioner moved an

application under Section 10 of the CPC before the Court at Rajnandgaon, for

staying the proceeding of the suit, which came to be dismissed by impugned

order. He contended that in written statement filed by respondent-1 before the

Court at Kashipur in Civil Suit filed by the petitioner, there is specific admission

of withholding amount of Rs.2,96,800/- on the ground that in the business

transaction, petitioner supplied consignment of goods of inferior quality due to

which, respondent-1 suffered loss of Rs.9,60,000/-. He pointed out that

pleading made in written statement in earlier suit before Court at Kashipur as

well as Civil Suit filed by respondent-1 before the Court at Rajnandgaon are

one and the same. If Civil Suit filed by the petitioner is decided based on

finding recorded by trial Court at Kashipur considering the written statement of

respondent-1, then, it will apply as resjudicata to the subsequent Civil Suit filed

by respondent-1/plaintiff. Learned trial Court has not considered that issue

involved in suit filed by respondent at Rajnandgaon subsequently, is directly

and substantially in issue involved in pre