MR ANIL PITTI vs APEEJAY OVERSEAS LTD AND ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 24th January, 2025. Pronounced on: 27th February, 2025. + CS(COMM) 489/2022 MR. ANIL PITTI .....Plaintiff Through: Mr. Kushagra Bansal, Advocate. versus APEEJAY OVERSEAS LTD. & ORS .....Defendants Through: Mr. Kartik Khanna, Advocate for D-1 & D-2. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL I.A. 1968/2024 in CS(COMM) 489/2022 1. This application has been filed on behalf of plaintiff under Order XIII- A of the Code of Civil Procedure (‘CPC’) for seeking summary judgment. 2. Summons were issued by order dated 16th September 2022 and defendant nos. 1 and 2 had filed their written statements on 16 th June 2023. By order dated 13th July 2023, the rights of defendant nos. 3 and 4 to file written statements and affidavit of admission/denial of documents, stood closed. 3. The suit has been filed by plaintiff for seeking decree of specific performance in respect of Agreement dated 4th August 2021, thereby directing Signature Not Verified Digitally Signed By:MANISH KUMAR I.A. 1968/2024 in CS(COMM) 489/2022 1 of 15 Signing Date:03.03.2025 15:25:58 defendants to deliver the total quantity of 2500 MT for coal type ‘USA High GCV Coal Grade-A’ at the rate of INR 11,350/-, as per the terms and conditions contained in the agreement. 4. Plaintiff company is engaged in the trade of refined petroleum products and other allied products, running its firm by the name of ‘M/s Pitti Coal Company’. Defendant no.1 is engaged in trading of energy and fuels and a flagship company of Arham International Group known as ‘M/s Apeejay Overseas Ltd’. Defendant No. 2 is one of the directors of defendant no.1 company and defendant no.3 is the sales manager of defendant no.1 company. Defendant no.4 is an online platform for coal suppl