M/S BRANDAVAN FOOD PRODUCTS vs CAPITAL EQUIPMENT INDIA

Judgment text excerpt

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 9th JANUARY, 2025 IN THE MATTER OF: + CS(COMM) 1176/2024 & I.As. 49450-52/2024 M/S BRANDAVAN FOOD PRODUCTS .....Plaintiff Through: Mr. Rajat Aneja, Mr. Jasmeet Singh, Mr. Mahinder Singh Hura, Mr. Saif Ali, Mr. Pushpendra S. Bhadoriya, Mr. Vijay Sharma, Mr. Pranav Menon Mr. Aditya Sharma, Mr. Saurav, Advocates versus CAPITAL EQUIPMENT INDIA .....Defendant Through: Mr Vishwendra Verma, Ms Shivali, Mr Abhishek Nagar, Advocates CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT (ORAL) 1. The Plaintiff has approached this Court for a decree for Rs.2,68,87,384/- along with interest @ 18% per annum from 16.09.2024 till the payment on account of defaults and breaches by the Defendant. 2. The present suit is one for recovery of opportunity costs incurred by the Plaintiff due to the supply of defective, inferior quality and sub-standard kitchen equipment by the Defendant. 3. It is stated that the Plaintiff is engaged in the business of catering food and drinks on trains being run by the Indian Railway Catering & Tourism Corporation (IRCTC) and the Indian Railways. 4. It is stated that the Defendant and the Plaintiff entered into Signature Not Verified Digitally Signed By:RAHUL SINGH CS(COMM) 1176/2024 Page 1 of 6 Signing Date:27.01.2025 21:18:24 negotiations regarding supply of kitchen equipment. It is stated that in March 2024, it was agreed that the Defendant shall deliver kitchen equipment at the Delhi office of the Plaintiff who would thereafter deliver the same to the requisite base kitchens situated across the country. 5. Stating that inferior and subpar quality kitchen equipment has been supplied by the Defendant at exorbitantly high prices, the Plaintiff has incurred an opportunity cost of Rs. 2,68,87,384