M/S Mlm India Ltd vs M/S Sampark Industries Ltd on 28 November, 2023

20. Sh. Puneet Tandon is working as Accountant in the plaintiff firm. He is also the authorized representative of the firm. He filed his affidavit and tendered the same in evidence as Ex.PW-1/A. He has reiterated the facts averred in the plaint in his affidavit Ex.PW-1/A and relied upon following documents:-

 S.No.                       Details of documents                                         Exhibit
    1      Photocopy of Certificate of Incorporation of the                              Ex.PW-1/1
           plaintiff company
    2      Original Board Resolution dated 24.09.2022 in his                             Ex.PW-1/2
           favour
    3      Computer generated        invoice         no.IS-781           dated      Ex.PW-1/3
           09.12.2020 for Rs.78,428/-
    4      Computer generated        invoice         no.IS-809           dated      Ex.PW-1/4
           16.12.2020 for Rs.8,85,808/-
    5      Computer generated        invoice         no.IS-868           dated      Ex.PW-1/5
           29.12.2020 for Rs.8,86,200/-
    6      Computer generated        invoice         no.IS-904           dated      Ex.PW-1/6

CS (COMM) No.2585/2022       M/s MLM India Ltd. Vs. M/s Sampark Industries Ltd. & Ors.     Pg. 10 / 38
            06.01.2021 for Rs.8,81,888/-
    7      Computer generated      invoice        no.IS-1021 dated                  Ex.PW-1/7
           28.01.2021 for Rs.7,33,712/-
    8      Computer generated      invoice        no.IS-1042 dated                  Ex.PW-/18
           02.02.2021 for Rs.8,83,848/-
    9      Computer generated      invoice        no.IS-1066 dated                  Ex.PW-1/9
           05.02.2021 for Rs.11,474/-
   10      Computer generated      invoice        no.IS-1057 dated Ex.PW-1/10
           18.02.2021 for Rs.1,85,018/-
   11      Computer generated      invoice        no.IS-1218 dated Ex.PW-1/11
           27.02.2021 for Rs.6,60,455/-
   12      Computer generated      invoice        no.IS-1240 dated Ex.PW-1/12
           02.03.2021 for Rs.6,60,847/-
   13      Computer generated      invoice        no.IS-1270 dated Ex.PW-1/13
           06.03.2021 for Rs.7,05,373/-
   14      Computer generated      invoice        no.IS-1278 dated Ex.PW-1/14
           08.03.2021 for Rs.7,06,633/-
   15      Computer generated      invoice        no.IS-1320 dated Ex.PW-1/15
           13.03.2021 for Rs.3,80,839/-
   16      Computer generated      invoice        no.IS-1330 dated Ex.PW-1/16
           16.03.2021 for Rs.3,68,330/-
   17      Computer generated      invoice        no.IS-1384 dated Ex.PW-1/17
           23.03.2021 for Rs.7,09,190/-
   18      Computer generated      invoice        no.IS-1415 dated Ex.PW-1/18
           27.03.2021 for Rs.5,77,322.60
   19      Original Fourteen Weighing Receipts issued by Ex.PW-1/19
           Dharamkanta                                                                  to
                                                                                        Ex.PW-1/32
   20      Original Twelve Border Toll Plaza Receipts issued by Ex.PW-1/33
           MCD                                                                          to
                                                                                        Ex.PW-1/44
   21      Computer generated Statement of Ledger Account                               Ex.PW-1/45
                                                                                        (colly.)
   22      Office copy of legal notice dated 23.02.2022 (posted Ex.PW-1/46
           on 24.02.2022)

CS (COMM) No.2585/2022      M/s MLM India Ltd. Vs. M/s Sampark Industries Ltd. & Ors.        Pg. 11 / 38
    23      Original Eleven Speed Post receipts all dated Ex.PW-1/47
           24.02.2022                                                                    (colly)
   24      Eleven computer generated tracking Reports of the Ex.PW-1/48
           Postal Receipts                                                               to
                                                                                         Ex.PW-1/58
   25      Original Non-Starter report dated 21.09.2022 issued Ex.PW-1/59

66. It is noteworthy that the plaintiff has filed computer generated copies of invoices and the same have been exhibited as Ex.PW1/3 to Ex.PW1/18. The said invoices find mention of the address of plaintiff company as 2964, Kucha Mai Das, Bazar Sita Ram, Delhi-110006. These invoices have been admitted by the AR of defendant in his affidavit of admission/denial of documents filed in the Court on 10.04.2023. The ledger account statement of plaintiff, filed by defendant i.e. Ex.DW1/2 also finds mention of the address of plaintiff as 2964, Kucha Mai Das, Bazar Sita Ram, Delhi-110006. In view of the documents admitted by the defendant as also the documents filed by defendant itself, the defendant cannot be permitted to take a contrary view that it had no occasion to conduct business with the plaintiff at its address at 2964, Kucha Mai Das, Bazar Sita Ram, Delhi-110006 or that all its transactions with plaintiff were CS (COMM) No.2585/2022 M/s MLM India Ltd. Vs. M/s Sampark Industries Ltd. & Ors. Pg. 28 / 38 confined to Greater Noida office of plaintiff only. Even otherwise defendant has not given any specific address of Greater Noida from which plaintiff was operating and carrying out its business. Thus there is no merit in the plea taken by the defendant that this Court lacks territorial jurisdiction to try the present suit. This issue is decided in favour of the plaintiff and against the defendant.

Document Fragment View

Matching Fragments