HCL INFOSYSTEMS LIMITED Vs. SUBHIKSHA TRADING SERVICES LTD

JUDGEMENT

(1.) THE respondent company is a Private Limited Company, registered under the Companies Act,1956 was incorporated on 10.4.1997 with the following objects:-(a) To trade in any articles, goods, rights possessions of any nature and of any use being industrial, commercial, household, technical and in such process to buy, sell acquire, lease any merchandise, goods or property of any form whatsoever as authorised dealers, stockists, agents, brokers, factors and render all such services in the ordinary course of business to market the goods in a consumable state.(b) To carry on the business of importers, exporters, buyers, sellers, dealers, stockists, suppliers, wholesalers, retailers, jobbers, contractors, storers, lessors, hirer of goods of every description and goods, components, sub-components, consumables, peripherals or products or articles involved in the goods and to act as agents for any products or articles involved in the goods and to act as agents for any such articles, goods or any services for Indian or overseas principals.(c) To carry on, in any mode, the business of storekeepers in all its branches and in particular to buy, sell and deal in goods, stores, consumable articles, chattels and effects of all kinds, both wholesale or retail and to transact every kind of agency business and to carry on the other objects as set out in the Memorandum of Association of the company-

(2.) THE petitioner is a company incorporated under the Companies Act is a holding company of M/s.HCL Infinet Limited, which entered into a supply agreement dated 1.4.2007 with the respondent Company, pursuant to which cellular mobile telephone products were sold and supplied to the respondent Company from time to time. By order of the Delhi High Court, the said HCL Infinet Limited was merged with the petitioner company with effect from 1.4.2007. THE petitioner Company took over all rights and liabilities of HCL Infinet Ltd. Before the merger, supplies were made to the respondent by HCL Infinet Limited and after merger by the petitioner company. As on 17.7.2008, there was an outstanding amount of Rs.11.14 crores due from the respondent in respect of the supplies made.

(3.) IN the counter affidavit filed by the respondent, it is stated that the claim is vexatious, however, it is admitted that the claim of the petitioner to the extent of Rs.9.32,69,205/- is a minimum amount. It is stated that the respondent was the largest retailer of mobile phones and the petitioner was a distributor of a brand of mobile phones and a commercial agreement governing supply was entered into between the parties on 1.4.2007 which was valid up to 31.3.2008. It is stated that the petitioner has suggested that the respondent should adhere to minimum resale prices on mobile phones of NOKIA, which was refused by the respondent as illegal and against the MRTP Act and therefore, the petitioner threatened to stop supply to the respondent and the supply was also stopped.