M/S GLOBAL SALES INDIA & ANR. vs AMIT SHARMA

Judgment text excerpt

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 15th April, 2025 + CM(M) 220/2024 & CM APPL. 6870/2024 M/S GLOBAL SALES INDIA & ANR. .....Petitioner Through: Mr. Pankaj Gupta and Mrs. R. Gupta, Advocates. versus AMIT SHARMA .....Respondent Through: Mr. Durgesh Gupta and Mr. Sahil Singh, Advocates CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioners are defending a recovery suit which is commercial in nature. They are aggrieved by order dated 16.01.2024 whereby plaintiff’s request to place on record additional document has been allowed. 2. In order to understand and comprehend the controversy appropriately, let me make reference, in brief, to the pleadings. 3. Plaintiff Amit Sharma (respondent herein) is sole proprietor of M/s Aria International and is engaged in business of ‘Micron Bopp Film’. Defendants approached them for purchase of film of different specifications. Pursuant to one order placed by them, goods were delivered by plaintiff while raising Invoice No. 702/MUNDKA/21-22 dated 23.02.2022 for Rs. 12,10,697/-. Such goods were received by the defendants but since the payment thereto did not come forward, despite following up the matter with the defendants, plaintiff filed the aforesaid suit seeking recovery. 4. Defendants do admit that order was placed by them upon the plaintiff but according to them there were two different orders. They also claim that the plaintiff used to insist for payment in advance. As against the first order, Signature Not Verified Digitally Signed CM(M) 220/2024 1 By:SONIA THAPLIYAL Signing Date:16.04.2025 18:16:29 the invoice had been raised on 21.02.2022 and against such invoice, defendants made RTGS payment on 23.02.2022 and the delivery was made by the plaintiff only after receiving the afore