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M. No. 03/14 Darcl Logistics vs . Goyal M.G. Gases on 22 May, 2014

M. No. 03/14                         DARCL Logistics Vs. Goyal M.G. Gases


                           IN THE COURT OF SH. NAVEEN ARORA
                           ADJ­06: SOUTH DISTRICT: NEW DELHI

                             Suit No                             :    M­03/14

DARCL Logistic Ltd.( Formally known as
Delhi Assam Roadways Corporation Ltd)
M­2, Himland House, 
Karampura Commercial Complex, 
New Delhi.                                                                  .... Plaintiff
                                   VERSUS

Goyal M.G. Gases (P) Ltd.
A­38, First Floor, Mohan Cooperative Industrial Estate,
Mathura Road, New Delhi.                                                    .... Defendant

                           Order on application U/o 12 Rule 6 CPC.
ORDER

1. Vide this order I shall dispose off an application U/O 12 Rule 6 CPC moved on behalf of plaintiff.

2. It is submitted on behalf of plaintiff that defendant in its WS while disputing the terms relating to minimum guarantee and detention charges has categorically admitted that a sum of Rs.59,156/­ was balanced and due towards the plaintiff which is also supported by document dated 29.06.2006 filed by the plaintiff, hence this application for passing of part decree.

3. Reply to this application was filed wherein it is alleged by the defendant that now the claim of Rs.59,156/­ has become time barred and part decree cannot be passed in favour of plaintiff.

4. Arguments heard. During the course of arguments the plaintiff/applicant has relied upon one letter dated 07.07.2008 of defendant which a reply to the legal notice of plaintiff wherein a liability to the extent of Rs. 60,124/­ was admitted. The present suit was filed on 19.11.2009. Vide order dated 10.12.2010, the Ld. Predecessor of this Court has already given finding that the suit is not time barred Page 1 of 2 M. No. 03/14 DARCL Logistics Vs. Goyal M.G. Gases as there is an acknowledgment of debt dated 07.07.2008 in favour of plaintiff, hence there is no issue of limitation pending and a finding in favour of plaintiff has already come. In view of the above mentioned facts and circumstances, application in hand is allowed and defendant is directed to pay Rs.59,156/­ to the plaintiff within 30 days. Decree sheet be prepared accordingly. Application stands disposed off accordingly.

Announced in Open Court                                                (NAVEEN ARORA)
on 22nd   May 2014                                               ADJ­06: South: Saket
                                                                       New Delhi.




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