Delhi High Court - Orders
Spicejet Merchandise Private Limited vs Ava Merchandising Solutions Pvt. Ltd on 9 April, 2024
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 298/2024
SPICEJET MERCHANDISE PRIVATE LIMITED ..... Plaintiff
Through: Mr. Yogender Kumar Sharma and
Mr. Amit Punj, Advs.
versus
AVA MERCHANDISING SOLUTIONS PVT. LTD...... Defendant
Through: None.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 09.04.2024
1. This hearing has been done through hybrid mode. I.A.7962/2024 (for exemption)
2. Exemption is allowed, subject to all just exceptions. The application is disposed of.
CS(COMM) 298/2024
3. Let the plaint be registered as a suit.
4. The present suit has been filed by the Plaintiff- Spice Jet Merchandise Pvt. Ltd. seeking recovery of a sum of Rs.3,38,90,744/-.
5. It is the case of the Plaintiff that between 2017-2020 it had supplied various goods and merchandise to the Defendant against purchase orders placed by the Defendant. Further, in March 2020, in lieu of the part payments, the Defendant issued various post dated cheques. However, these cheques were not honoured and subsequently, four complaints under Section 138 NI Act, 1881 have also been filed by the Plaintiff.
6. It is stated that the Plaintiff has also issued a legal notice dated 29th 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 11/04/2024 at 01:50:50 December, 2021 vide which the Plaintiff called upon the Defendant to pay the outstanding amount. However, in reply to the same, the Defendant has refuted its liability to pay the said amount. Plaintiff has also made efforts to resolve the present disputes by mediation through the Delhi High Court Legal Services Committee, however, the same has not fructified.
7. Issue summons in the suit to the Defendant through all modes upon filing of Process Fee.
8. Let a written statement to the plaint be filed within 30 days. Along with the written statement, the Defendant shall also file an affidavit of admission/denial of the documents of the Plaintiff, without which the written statement shall not be taken on record.
9. Liberty is given to the Plaintiff to file replication within 15 days of the receipt of the written statement. Along with the replication, if any, filed by the Plaintiff, an affidavit of admission/denial of documents of the Defendant, be filed by the Plaintiff, without which the replication shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.
10. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.
11. List before the Joint Registrar on 8th July, 2024.
12. List before the Court on 23rd September, 2024.
PRATHIBA M. SINGH, J.
APRIL 9, 2024/dk/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 11/04/2024 at 01:50:50