Delhi High Court - Orders
M/S Flint Group India Private Limited vs M/S Good Morning India Media Pvt.Ltd on 25 January, 2019
Author: Jayant Nath
Bench: Jayant Nath
$~A-1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 369/2017
M/S FLINT GROUP INDIA PRIVATE LIMITED ..... Petitioner
Through Mr.Anand Mishra and Ms.Sakshi
Jain, Advs.
versus
M/S GOOD MORNING INDIA MEDIA PVT.LTD.....Respondent
Through Ms.Mudrika Bansal, Adv.
CORAM:
HON'BLE MR. JUSTICE JAYANT NATH
ORDER
% 25.01.2019 Rev. Pet. No. 279/2018
1. This review petition is filed by the respondent stating that the petitioner has filed a summary suit under Order 37 CPC based on the terms and conditions purportedly written on the invoices and an undated acknowledgement letter of the respondent.
2. It is stated that the petitioner filed the originals of the invoices and consignment notes separately much after the suit was filed. It is stated that any document sought to be filed by the petitioner after filing of the suit plaint, must be filed after seeking permission of the court under Order VII Rule 14 CPC. It is also stated that after considering the photocopies of the documents filed with the plaint, the trial court vide order dated 16.05.2016, admitted the suit as an ordinary suit. Hence, the present review petition has been filed stating that the trail court has rightly treated the suit as an ordinary suit as appropriate documents relied upon by the petitioner claiming it to be a summary suit were not available with the trial court when it passed the impugned order.
3. The learned counsel for the petitioner states that it is true that along with the plaint the photocopies of the said documents had not been filed. However, the court had permitted it to file the originals of the invoices which were duly filed in the court, which contained the necessary terms and conditions. Thereafter, the trial court has passed the impugned order dated 16.05.2016.
4. In my opinion, these are the issues which the respondent/review petitioner can raise before the trial court along in her leave to defend application. In case, such plea is raised as raised in the present review petition, the trial court may deal with the same as per law uninfluenced by any observation made herein.
5. Review petition stands disposed of.
JAYANT NATH, J.
JANUARY 25, 2019/v