M/S UNIFIRE SYSTEMS vs M/S INNOVATIVE TEXTILES PVT LTD & ORS

Judgment text excerpt

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 12.11.2025 + FAO 204/2019 M/S UNIFIRE SYSTEMS .....Appellant Through: Ms. Arya Krishnan, Advocate. versus M/S INNOVATIVE TEXTILES PVT LTD & ORS .....Respondents Through: Mr. Mohd. Wasiq Khan, Advocate. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT (ORAL) CHANDRASEKHARAN SUDHA, J. 1. The present appeal has been filed under Order XLIII Rule 1 read with Section 151 of the Civil Procedure Code, 1908 (the CPC) seeking to set aside the impugned judgment and order dated 25.03.2019 in Civil Suit No. 6489/2016 passed by the learned Additional District Judge-04 (South), Saket Courts, New Delhi, whereby the trial court ordered the plaint to be returned to the appellant/plaintiff as it lacked territorial jurisdiction, but at the Signature Not Verified Signed By:RAJ BALA Signing Date:14.11.2025 FAO 204/2019 Page 1 18:04:40 same time decreed the suit partly. 2. The brief facts leading to the impugned judgment are that the appellant/plaintiff is a Company dealing in the supply of fire safety equipment and their installations. The respondent/defendant is also a private limited company duly incorporated under the Companies Act 1956. 2.1. The respondent/defendant contracted with the plaintiff for supply and installation of fire hydrant systems and placed two orders dated 06.10.2008 with the appellant/plaintiff for supply and installation of fire hydrant systems for a sumof₹37,49,281/-. Thereafter, the appellant/plaintiff raised several bills amounting to ₹34,92,282/- against which the respondent/defendant made part payment of ₹21,00,000/-.An amount of ₹13,92,282/- was left outstanding. After deducting the value of materials worth ₹2,23,611/-, which were returned to the appellant/plaintiff, a total sum of ₹11,6