M/S K HOME APPLIANCES vs M/S MARVS TRAVEL INDIA PVT LTD AND ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgement delivered on: 23.05.2025 + RFA(COMM) 479/2024 M/S K HOME APPLIANCES .....Appellant versus M/S MARVS TRAVEL INDIA PVT. LTD. & ORS. .....Respondents Advocates who appeared in this case For the Appellant : Mr Nipun Katyal with Mr Dhananjai Shekhawat and Mr Archit Jain, Advocates. For the Respondents : Mr Sahil Mongia, Ms Sanjana Samor and Mr Yash Yadav, Advocates. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J 1. The present Appeal is filed being aggrieved by the judgment and final order dated 12.08.2024 passed by the learned District Court (Commercial Court-2), West District, Tis Hazari Courts, New Delhi (‘District Court’) in CS (Comm) No. 555 of 2021 (‘Suit’) filed by Appellant / M/s K Home Appliances. Appellant has assailed the impugned judgement on the ground that the learned District Court dismissed the Suit of Appellant holding that there was no privity of contract between Appellant and Respondent No.1 / M/s Marvs Travel India Pvt. Ltd. and held that M/s Marvs Travels Australia Pvt. Ltd. (‘MTG’) was the necessary party, without considering the correspondence exchanged between Appellant and Respondent No. 1. RFA(COMM) 479/2024 Page 1 of 15 2. The learned District Court has further held that Respondent No. 1 was the agent of MTG. Since there is no privity of contract between Appellant and Respondent No. 1, the Suit was dismissed holding that Appellant was not entitled to recover any amount from Respondent No. 1. 3. Being aggrieved by the impugned order, Appellant has preferred the present Appeal, inter alia, praying for the following relief: a. set aside the judgement and final order dated 12.08.2024 passed by the Ld. District Court (Comm- 02), West, TisHazari Courts,