M R Pipes PVT LTD vs. Rcc Eco Build Systems LTD

CS(COMM)/154/2022HC DelhiGSTCNR DLHC01009898202229 November 2023Bench: HON'BLE MR. JUSTICE SANJEEV NARULA13 pages
AI SummaryDismissed

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
CS(COMM) 154/2022 Page 1 of 13 $~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 29th November, 2023. + CS(COMM) 154/2022 & I.As. 3888/2022, 3889/2022 M R PIPES PVT LTD ..... Plaintiff Through: Mr. Rajesh Mahendru, Advocate. versus RCC ECO BUILD SYSTEMS LTD ..... Defendant Through: Ms. Amrita Panda, Advocate. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA

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)

1.

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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