M R Pipes PVT LTD vs. Rcc Eco Build Systems LTD
Held
The Court found the defendant's claims of defective and short-supply of goods to be unsubstantiated and a sham. The defendant's conduct, including availing GST input tax credits, contradicted their defense.
Facts
The plaintiff sued for unpaid sale of goods amounting to Rs. 1,53,65,785/-. The defendant issued a cheque for this amount which was dishonoured. The plaintiff also claimed pre-suit interest of Rs. 74,90,819/-.
Key Issues
Whether the defendant has raised triable issues to warrant leave to defend the suit and whether the court has territorial jurisdiction.
Sections Cited
Order XXXVII, Section 2(1)(c) of Commercial Courts Act, 2015, Sections 80, 117 of Negotiable Instruments Act, 1881, Sale of Goods Act, 1930
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
JUDGMENT
SANJEEV NARULA, J. (Oral):
I.A. 5968/2022 (u/Order XXXVII Rule 3(5) of the Code of Civil Procedure, 1908, for leave to defend the captioned suit)
This judgment deals with a monetary suit under Order XXXVII of Code of Civil Procedure, 1908 [hereinafter “CPC”] raising a commercial dispute under Section 2(1)(c) of Commercial Courts Act, 2015 for unpaid sale of goods. On 10th March, 2022, this Court issued summons and concurrently passed an interim order restraining creation of third-party rights on two properties of the Defendant located in Agra. Upon summons being served, the Defendant entered ap
The judgment continues below.
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