SUSHIL CHAWLA Vs. HP INDIA SALES PVT LTD

JUDGEMENT

(1.) This application is filed under Order 7 Rule 11 CPC seeking rejection of the plaint. It is pleaded in the application that the suit is barred by limitation on the face of it.

(2.) The present suit is filed by the plaintiff for a recovery of Rs.3,42,59,576/-. It is the case of the plaintiff that she is the proprietor of the Firm-S.D. Infosys and is engaged in the business of sale of H.P. Computers, laptops, printers, scanners, servers, etc. In 2006, the plaintiff's Firm was appointed as a commercial business partner by the defendant Company for the sale of H.P. Computers, laptops, printers, scanners, etc. to corporates, schools, colleges, small scale industries for Delhi-NCR Region. It is pleaded that the plaintiff maintained a regular and running ledger/statement of account in the name of the defendant in the ordinary course of business. The defendant after the sales used to pay commission/incentive to the plaintiff for the sale of the mentioned goods. Over a period of time, the plaintiff developed good faith in the defendant. However, with the passage of time, there were lapses on the part of the defendant in clearing the dues. However, the plaintiff believing the assurances and promises continued selling defendant's product. The defendant stopped making the payment of dues and incentives by August-September 2010. The plaintiff ran short of funds and therefore, decided to recover the payment of incentives/commission from the defendant. Hence, the plaintiff started making requests to the defendant to make the payment of the outstanding dues through e-mails, etc. In the suit it is claimed that as per the ledger/statement of account maintained in the name of the defendant, a sum of Rs.2,38,60,817/- is outstanding as on 13.01.2015.

(3.) I have heard learned counsel for the parties.