REHAU POLYMERS PVT LTD vs MANTRALAYA IMPEX PVT LTD & ORS

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Pronounced on: 07.01.2025 + RFA 30/2020 REHAU POLYMERS PVT LTD .....Appellant versus MANTRALAYA IMPEX PVT LTD & ORS .....Respondents Advocates who appeared in this case: For the Appellant : Mr. Shohit Chaudhry, Mr. Manoj Kumar Goel, Mr. Shiv Bahadur Chetrya, Mr. Chinnhal Singh Chauhan and Mr. V.P. Nahar, Advs. For the Respondents : None. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU JUDGMENT TARA VITASTA GANJU, J.: 1. The present Appeal arises out of an order/judgment dated 17.07.2019 passed by the learned Additional District Judge, Tis Hazari Court, Delhi in Civil Suit No. 437/2018 [hereinafter referred to as “Impugned Order”]. By the Impugned Order the Learned Trial Court has rejected the plaint filed by the Appellant/Plaintiff under Order VII Rule 11 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”]. 2. Briefly the facts are that the Appellant entered into an Agreement with the Respondents on 11.02.2009 for transfer of the right to Signature Not Verified Digitally Signed By:HONEY ARORA Signing Date:07.01.2025 RFA 30/2020 Page 1 of 25 20:02:45 process the Appellant’s uPVC window sections into structural elements [hereinafter referred to as “the Agreement”]. The Agreement was executed by the Respondent No. 4/Vandana on behalf of Respondent No.3/Mantralaya Impex a proprietorship firm. Although, the Agreement set out that it is between the Appellant and a party named as Mantralaya Impex Pvt. Ltd., it is the case of the Appellant that Mantralaya Impex was only incorporated as a private limited company on 23.01.2015, six years after the Agreement was signed. 2.1 The Agreement was for a duration of three years extendible automatically unless terminated by a six months’ notice at the end of the res