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R. N. Jain vs Late Sh. Arun Aggarwal Through Lrs on 23 January, 2023

11. Similarly, in Sasumorov Enterprises Pvt. Ltd. Vs. Odeon Builders Pvt. Ltd. 2018 SCC OnLine Del 12509 it was held that once the defendant does not dispute the transaction, amount due whereunder is claimed by the plaintiff, it is incumbent on the defendant to produce its statement of account to disprove the claim of the plaintiff and to show the status of the said transactions in the books of the defendant statutorily required to be maintained. A defendant cannot be permitted to convert a summary suit to an ordinary suit, by mere denial and by contending that the onus is on the plaintiff to prove.
Delhi District Court Cites 15 - Cited by 0 - Full Document

M/S Planet Advertising Pvt. Ltd vs M/S Golf Green Buildcon Pvt. Ltd on 14 December, 2021

23. On behalf of defendants, it is submitted that in case interest is mentioned in invoices, the Hon'ble High Court in the case of "Shri Rathi Steel Limited Vs. M/s S & S Technocrats (P) Ltd., IA No. 13981/2013 in CS (OS) No. 1009/2013 decided on 10.10.2014 and Sasumorov Enterprises Pvt. Ltd. Vs. Odeon Builders Pvt. Ltd., CS (Comm) 927/2016 & IA No. 11845/2018 decided on 16.11.2018 has observed that though undoubtedly, the invoices of plaintiff contain a clause for higher interest but considering present rate of interest, even the commercial transactions, the claim for interest @ 24% is excessive.
Delhi District Court Cites 5 - Cited by 0 - Full Document

Ms. Shikha Rungta vs M/S Jagat Overseas on 8 July, 2022

In Sasumorov Enterprises Pvt. Ltd. v. Odeon Builders Pvt. Ltd. 2018 SCC OnLine Del 12509, it was held CS DJ 425/17 Ms. Shikha Rungta Vs. M/s Jagat Overseas & Ors DoO:08.07.2022 Page No. 11 of 15 that once the defendant does not dispute the transaction, amount due whereunder is claimed by the plaintiff, it is incumbent on the defendant to produce its statement of account to disprove the claim of the plaintiff and to show the status of the said transactions in the books of the defendant statutorily required to be maintained. Without documentary support, mere oral claim that aforesaid amount was paid by plaintiff towards discharge of its liability against supply of rice, is not sufficient to give rise to any triable issue. Hence, defendants no. 2 and 3 have failed to raise any triable issue.
Delhi District Court Cites 6 - Cited by 0 - Full Document

Susheel Rungta vs M/S Jagat Overseas on 8 July, 2022

In Sasumorov Enterprises Pvt. Ltd. v. Odeon Builders Pvt. Ltd. 2018 SCC OnLine Del 12509, it was held that once the defendant does not dispute the transaction, amount due whereunder is claimed by the plaintiff, it is incumbent on the defendant to produce its statement of account to disprove the claim of the plaintiff and to show the status of the said transactions in the books of the defendant statutorily required to be maintained. Without documentary support, mere oral claim that aforesaid amount was paid by plaintiff towards discharge of its liability against supply of rice, is not sufficient to give rise to any triable issue. Hence, defendants no. 4 and 5 have failed to raise any triable issue.
Delhi District Court Cites 5 - Cited by 0 - Full Document

Susheel Rungta (Huf) vs M/S Jagat Overseas on 8 July, 2022

In Sasumorov Enterprises Pvt. Ltd. v. Odeon Builders Pvt. Ltd. 2018 SCC OnLine Del 12509, it was held that once the defendant does not dispute the transaction, amount due whereunder is claimed by the plaintiff, it is incumbent on the defendant to produce its statement of account to disprove the claim of the plaintiff and to show the status of the said transactions in the books of the defendant statutorily required to be maintained. Without documentary support, mere oral claim that aforesaid amount was paid by plaintiff towards discharge of its liability against supply of rice, is not sufficient to give rise to any triable issue. Hence, defendants no. 4 and 5 have failed to raise any triable issue.
Delhi District Court Cites 5 - Cited by 0 - Full Document

Ms. Srishti Runta vs M/S Jagat Overseas on 8 July, 2022

In Sasumorov Enterprises Pvt. Ltd. v. Odeon Builders Pvt. Ltd. 2018 SCC OnLine Del 12509, it was held that once the defendant does not dispute the CS DJ 422/17 Srishti Rungta Vs. M/s Jagat Overseas & Ors DoO:08.07.2022 Page No. 11 of 15 transaction, amount due whereunder is claimed by the plaintiff, it is incumbent on the defendant to produce its statement of account to disprove the claim of the plaintiff and to show the status of the said transactions in the books of the defendant statutorily required to be maintained. Without documentary support, mere oral claim that aforesaid amount was paid by plaintiff towards discharge of its liability against supply of rice, is not sufficient to give rise to any triable issue. Hence, defendants no. 4 and 5 have failed to raise any triable issue.
Delhi District Court Cites 5 - Cited by 0 - Full Document
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