COMBA TELECOM LTD Vs. S TEL PVT LTD

JUDGEMENT

(1.) The plaintiff has filed the present summary suit for recovery of USD 6,63,683, equivalent to Rs.4,04,95,643/- against the defendant in respect of goods supplied.

(2.) Mr. Garg, learned counsel for the plaintiff submits that the plaintiff is a Hong Kong based company having a business of manufacturing and trading of telecom equipments worldwide. For conducting its business in India, the plaintiff has taken on lease, a premises in Delhi from where all its Indian operations are being dealt with and controlled. The defendant company is stated to be a licensed Telcom operator operating from Gurgaon and Chennai.

(3.) As per the averments made in the plaint, in the year 2009, the defendant had approached the plaintiff at its New Delhi office to purchase Tower Mounted Amplifiers (TMAs), its accessories and components for the Guwahati operations being conducted by it. It is the plaintiff's stand that not only had the defendant company through its office situated at Gurgaon, approached the plaintiff company in New Delhi to purchase the equipments, the presentation in respect of the said equipment was given by the plaintiff at its Delhi office and the negotiations between the parties on the price were also held at the Delhi office. After being satisfied with the technical and commercial aspects of the equipments, the defendant had issued a purchase order dated 01.12.2009 in favour of the plaintiff, for supply of 1560 units of TMAs @ USD 290 per unit, totalling to USD 452,400. The original purchase order has been filed by the plaintiff alongwith the documents under index dated 27.10.2014 and is marked as Annexure P-4.