Thales Dis India Pvt Ltd vs Tatvik Biosystems Pvt Ltd & Ors on 24 May, 2024

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Delhi High Court - Orders

Thales Dis India Pvt Ltd vs Tatvik Biosystems Pvt Ltd & Ors on 24 May, 2024

Bench: Prathiba M. Singh

                                    $~59
                                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +             CS(COMM) 410/2023
                                         THALES DIS INDIA PVT LTD                        ..... Plaintiff
                                                        Through: Mr. Sukrit Kapoor and Mr. Vijay
                                                                 Shankar     V.L.,         Advs.         (M:
                                                                 9599518268)
                                                        versus
                                         TATVIK BIOSYSTEMS PVT LTD & ORS.           ..... Defendants
                                                        Through: Mr. Ashish Mohan, Mr. Kushal
                                                                 Kumar & Mr. Akash Deep Gupta,
                                                                 Advs. for D-4. (M: 7046947982)
                                         CORAM:
                                         JUSTICE PRATHIBA M. SINGH
                                                  ORDER

% 24.05.2024

1. This hearing has been done through hybrid mode. I.A. 30205/2024 (for passing summary judgment) in CS(COMM)-

410/2023

2. This is a suit for recovery of a sum of Rs.8,06,50,968/- filed by the Plaintiff-Thales DIS India Pvt. Ltd. against the four Defendants.

3. I.A. 30205/ 2024 is an application on behalf of the Plaintiff under Order XIII-A of the Code of Civil Procedure, 1908 seeking summary judgment against the Defendants.

4. It is stated that the Plaintiff is a company involved in the business of providing identityand biometric solutions as also data protection technologies to various clients across the world. Defendant No. 1 is Tatvik Biosystems Pvt. Ltd. of which Defendant No. 2 and 3 are directors. Defendant No. 4-Mr. Nitin Navneet is stated to be the erstwhile director of the Defendant No. 1 who has resigned from the Defendant No. 1 company.

5. The background of the present suit as stated in the plaint is that the This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/05/2024 at 21:24:24 Plaintiff and the Defendants entered into a business relationship in June 2017. Subsequently, the Defendants issued purchase orders dated 16th June, 2017 to the Plaintiff for supply of various CIS 202 IRIS and CS 500e scanners. The Plaintiff company, accordingly, claims to have supplied all the products and raised invoices for the same. However, it is alleged by the Plaintiff that the Defendants failed to pay the outstanding invoices raised by the Plaintiff and hence, the present suit.

6. Insofar Defendant No.4 is concerned Mr. Nitin Navneet, ld. Counsel submits that he is merely an erstwhile director and does not have any role.

7. Ld. Counsel for the Plaintiff submits that he is not claiming any relief against Defendant No.4.

8. Accordingly, Defendant No.4 is deleted from the array of parties. Defendant Nos.1 to 3 are ex parte.

9. The Court has considered the matter. Ld. Counsel for the Plaintiff has taken the Court through the email correspondence and the legal notice/ reply received from the Defendant. According to the Plaintiff, the liability has been repeatedly admitted by the Defendant, hence the prayer for summary judgement. After having perused the email correspondence this Court is of the opinion that instead of summary judgement, the Plaintiff ought to file its affidavit in evidence along with a certificate under Section 65B of the Indian Evidence Act, 1872 and exhibit all the relevant documents including all the emails relied upon. The affidavit in evidence be filed by 15th July, 2024. Once the documents are exhibited, the matter can be taken up for final arguments.

10. In view of the above order, ld. Counsel for the Plaintiff does not press the present application for summary judgment and the same is accordingly This is a digitally signed order.

11. List before the Joint Registrar on 28th August, 2024 i.e., the date is already fixed.

12. List before Court for hearing on 23rd September, 2024.

PRATHIBA M. SINGH, J.

MAY 24, 2024 dj/rks This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/05/2024 at 21:24:24

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Delhi High Court - Orders