M/S ASL RECYCLING CO. vs M/S VANI INTERNATIONAL

Judgment text excerpt

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 19.02.2025 + RFA(COMM) 103/2025 M/S ASL RECYCLING CO. .....Appellant Through: Mr.Aditya Guha, Mr.A.K.Jha, Advs. versus M/S VANI INTERNATIONAL .....Respondent Through: None. CORAM: HON’BLE MR. JUSTICE NAVIN CHAWLA HON’BLE MS. JUSTICE SHALINDER KAUR SHALINDER KAUR, J (ORAL) CM APPL. 10351/2025 (Exemption) 1. Allowed, subject to all just exceptions. RFA(COMM) 103/2025 1. The present Appeal under Section 13 of the Commercial Courts Act, 2015 (The CC Act) has been filed impugning the Judgement dated 26.11.2024 passed by the learned District Judge, Commercial Court-02, North-West District, Rohini Courts, New Delhi in CS(COMM) No.426/2021 titled ‘M/s Vani International vs M/s ASL Recycling Company’, whereby the application filed by the Respondent herein under Order XIII-A of the Code of Civil Procedure, 1908 (CPC) was allowed and the suit was decreed in favor Signature Not Verified Digitally Signed RFA(COMM) 103/2025 Page 1 of 7 By:NEELAM Signing Date:27.02.2025 15:08:39 of the Respondent for a sum of Rs.44,69,918/- along with interest and costs. 2. Shorn of unnecessary details, the facts of the case are that the Appellant approached the Respondent in the month of July, 2018, seeking a supply of Import Material of Stainless Steel Remelting Scrap Ingot 304 (the said goods). The Respondent agreed to supply the same to the Appellant and the said goods were sent to the Appellant through a container on the High Seas. The Appellant purchased goods under four invoices. The Appellant made a few payments with regards to the purchase of the said goods between 02.11.2018 and 08.03.2019, however, after the said period, the Appellant became irregular in making the payments to the Respondent. 3. Consequently, the Respondent se