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R.N Jaldi, Prop. M/S Jadli ... vs M/S Sunshine Food Pulp Industries And ... on 4 May, 2023

                          $~2.
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      RFA 263/2023
                                 R.N JALDI, PROP. M/S JADLI
                                 INTERNATIONAL FOODS                                  ..... Appellant
                                                    Through:      Mr. Nittin Bhatia and Mr. Adarsh
                                                                  Verma, Advocates.

                                                    versus

                                 M/S SUNSHINE FOOD PULP INDUSTRIES
                                 AND ORS                                              ..... Respondents
                                                    Through:

                                 CORAM:
                                 HON'BLE MR. JUSTICE GAURANG KANTH
                                                    ORDER

% 04.05.2023 The hearing has been conducted through hybrid mode (physical and virtual hearing).

1. This is an application filed by the appellant for amending cause title of the present appeal and to take on record the deficient court fees.

2. Learned counsel for the appellant submits that the name of the appellant ought to have been R.N. Jadli, Prop. M/s Jadli International Foods, however, due to typographical error, the name has been mistyped as R.N. Jaldi, Prop. M/s Jadli International Foods. In view of the same, the appellant is seeking permission of this Court to amend the cause title.

3. For the reasons stated in the present application, the same is allowed Signature Not Verified Digitally Signed By:KOMAL DHAWAN Signing Date:08.05.2023 17:27:36 and the appellant is permitted to amend the cause title of the present appeal.

4. Amended Memo of Parties, filed along with the application, is taken on record.

5. Learned counsel for the appellant further submits that the appellant had purchased the court fees and the same has been filed with a wrong Memo of Parties. The Registry is directed to take on record the court fees in the name of the corrected Memo of Parties.

6. Application is disposed of.

7. This is an application filed by the appellant seeking extension of time to file the court fees. In view of the order passed in CM APPL. 22704/2023, the present application has become infructuous.

8. Application is dismissed as infructuous.

RFA 263/2023 & CM APPL. 15787/2023

9. The appellant (original plaintiff) is aggrieved by the judgment and decree dated 08.09.2022 passed by learned Additional District Judge-03, North West District, Rohini Courts, Delhi in CS No.75313/2016 titled 'Mr. R. N. Jadli, Proprietor v. M/s Sunshine Fruit Pulp Industry & Ors.' (hereinafter referred to as the 'impugned judgment').

10. Vide the impugned judgment, learned Trial Court was pleased to dismiss the suit for recovery filed by the appellant against the respondents. The appellant and respondent No.2 (original defendant) were partners in M/s Jadli International Foods. Respondent No.1 had another partnership firm in which respondent No.2 to 4 were partners. Respondent No.1 was engaged in the manufacture and supply of processed fruit pulp. M/s Jadli International Foods placed a purchase order dated 29.04.2008 for supply of 2790 MT Signature Not Verified Digitally Signed By:KOMAL DHAWAN Signing Date:08.05.2023 17:27:36 cartons of mango pulp for a total price of Rs.6,00,00,000/- (Rupees Six Crore only). An advance of Rs.3,37,66,243/- (Rupees Three Crore Thirty Seven Lac Sixty Six Thousands Two Hundred Forty Three only) was paid by M/s Jadli International Foods to respondent No.1. However, respondent No.1 supplied mango pulp only worth Rs.1,44,61,000/- (Rupees One Crore Forty Four Lac Sixty One Thousand Only). and the remaining stocks were sold to a third parties. Hence, being aggrieved by the action of respondent No.1, M/s Jadli International Foods filed a Civil Suit bearing No.83/2008 before the Principal District Judge, Khammam, Andhra Pradesh for recovery of Rs.1,93,05,243/- (Rupees One Crore Ninety Three Lac Five Thousand Two Hundred and Forty Three only). Since respondent No.2 was a partner in both the partnership firms, with the intervention of the mediators, parties decided to settle their disputes. The partnership firm M/s Jadli International Foods was dissolved and the appellant took all the assets and liabilities of the said firm and converted it into a proprietorship firm. Further, vide Settlement Agreement dated 26.11.2009, the respondents agreed to pay Rs.1,20,00,000/- (One Crore Twenty Lacs) to the appellant towards full and final settlement of their accounts. In pursuance of the said agreement, the respondents supplied mango pulp worth Rs.88,00,000/- (Rupees Eighty Eight Lac only) and also paid Rs.7,00,000/- (Rupees Seven Lac only) through demand draft. It was further agreed between the parties that the balance amount of Rs.25,00,000/- (Rupees Twenty Five Lac only) will be adjusted towards future purchase orders. In the meanwhile, M/s Swati Tins Containers Ltd. filed a Civil Suit against M/s Jadli International Foods for recovery of Rs.53,00,000/- (Rupees Fifty Three Lac only) qua the supply of raw materials. The said suit was compromised as the appellant agreed to pay Signature Not Verified Digitally Signed By:KOMAL DHAWAN Signing Date:08.05.2023 17:27:36 Rs.66,00,000/- (Rupees Sixty Six Lac only) as full and final settlement of their accounts. Out of the said Rs.66,00,000/- (Rupees Sixty Six Lac only) the respondents agreed to pay Rs.25,00,000/- (Rupees Twenty Five Lac only). However, the respondents failed to pay the said amount. In view of the same, the appellant initiated a suit for recovery of Rs.25,00,000/- (Rupees Twenty Five Lac only) along with interest against the respondents. However, respondents failed to participate in the said proceedings and hence, vide ex-parte impugned judgment, learned Trial Court was pleased to dismiss the suit filed by the appellant.

11. Mr. Nittin Bhatia, learned counsel for the appellant submits that the appellant has placed on record all the relevant documents to support this case. He further submits that the respondents remained ex-parte. Hence, it is the submissions of learned counsel that learned Trial Court ought to have appreciated that the evidence placed on record by the appellant remains uncontroverted.

12. This matter requires consideration.

13. On the appellant taking steps, issue notice to the respondents through all permissible modes including electronic mode and dasti, returnable on 02.11.2023.

14. In the meanwhile, digitized copy of the Trial Court record be requisitioned.

GAURANG KANTH, J MAY 04, 2023 N3 Signature Not Verified Digitally Signed By:KOMAL DHAWAN Signing Date:08.05.2023 17:27:36