Delhi High Court - Orders
Prem Chand Goel vs Oppo Mobile (Delhi) Pvt. Ltd on 20 November, 2020
Author: Mukta Gupta
Bench: Mukta Gupta
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 58/2019
I.A.1681/2019 (under Order XXXIX Rule 1 and 2 CPC)
I.A.6473/2019 (under Order VI Rule 17 CPC)
I.A. 5939/2020 (under Section 151 CPC-release of FDR-by plaintiff)
PREM CHAND GOEL ..... Plaintiff
Represented by: Mr. Jaspreet Singh Rai, Mr. Akshay
Bhandari, Advocates.
versus
OPPO MOBILE (DELHI) PVT. LTD. ..... Defendant
Represented by: Mr. Satyabrata Panda, Advocate.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 20.11.2020 The hearing has been conducted through Video Conferencing. I.A. 5939/2020 (under Section 151 CPC-release of FDR-by plaintiff)
1. The plaintiff has filed the present suit for recovery of a sum of ₹2,70,67,352/0 on the ground that the defendant had illegally terminated its distributorship and the defendant was obliged to take back its unsold mobile phones which the defendant has failed to do.
2. The plaintiff thus sought permission of this Court to sell the mobile phones which were lying with the plaintiff and the sale proceeds were to be subject to the adjustment of the amount claimed in the present suit.
3. Vide order dated 29th August, 2019 this Court permitted the plaintiff to sell the stocks of 1457 'OPPO' phones lying with the plaintiff, subject to the plaintiff depositing the proceeds of the sale with the Registrar General of Signature Not Verified Digitally Signed By:JUSTICE CS(COMM) 58/2019 PageGUPTA MUKTA 1 of 3 Signing Date:21.11.2020 15:10:41 this Court which was required to be kept in a fixed deposit.
4. By this application the plaintiff points out that stock of nearly more than ₹1,50,00,000/- was sold for ₹75,94,678/-, which due to lock down could not be deposited in the Court but was kept in a fixed deposit in the name of the Registrar General. Plaintiff thus seeks the release of the said amount for the reason no profits were earned thereon and due to distress sale, the plaintiff could not even recover the cost price.
5. On the last date of hearing defendant had sought time to reconcile the accounts. Today, learned counsel for the defendant states that without prejudice to the pleas of the defendant in the suit, the money so received by the plaintiff on the sale of the phones be permitted to be refunded to the plaintiff.
6. The plaintiff would thus deposit FDR which is in the name of the Registrar General with the Registrar General of this Court. After depositing the same in the account, the Registrar General will release the amount along with the interest that has earned thereon to the plaintiff.
7. Application is accordingly disposed of.
8. Order be uploaded on the website of this Court.
I.A.6473/2019 (under Order VI Rule 17 CPC)
1. By this application the plaintiff seeks amendment of the plaint.
2. Learned counsel for the defendant on instructions does not oppose the amendment sought in the plaint.
3. Consequently, the amendment to the plaint is permitted.
4. Application is disposed of taking the amended plaint on record. CS(COMM) 58/2019 & I.A.1681/2019 (under Order XXXIX Rule 1 and 2 CPC) Signature Not Verified Digitally Signed By:JUSTICE CS(COMM) 58/2019 PageGUPTA MUKTA 2 of 3 Signing Date:21.11.2020 15:10:41
1. Amended plaint be registered.
2. Written statement to the amended plaint be filed within 30 days along with the affidavit of admission/ denial. Replication along with the affidavit of admission/denial be filed within three weeks thereafter.
3. List the suit before the learned Joint Registrar on 12th February, 2021.
4. List the suit and application before Court on 22nd April, 2021.
5. Learned counsel for the defendant states that the defendant is willing to negotiate a settlement with the plaintiff, which is also accepted by learned counsel for the plaintiff.
6. Consequently, authorized representative of the plaintiff and defendant are directed to appear before the Delhi High Court Mediation and Conciliation Centre on 24th November, 2020 at 4.00 PM in the first instance and thereafter as and when directed by the learned mediator.
MUKTA GUPTA, J.
NOVEMBER 20, 2020 'ga' Signature Not Verified Digitally Signed By:JUSTICE CS(COMM) 58/2019 PageGUPTA MUKTA 3 of 3 Signing Date:21.11.2020 15:10:41