LAWS(DLH)-2021-9-56

AUTO MOVERS Vs. LUMINOUS POWER TECHNOLOGIES PVT. LTD.

Decided On September 16, 2021
Auto Movers Appellant
V/S
Luminous Power Technologies Pvt. Ltd. Respondents

JUDGEMENT

(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 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.