M/S M I TEXTILES PTE LTD vs M/S T T LTD & ANR

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 30th April, 2025 Pronounced on: 01st September, 2025 + RFA 131/2015, CM APPL. 3794/2015 & CM APPL. 1117/2016 M/S M I TEXTILES PTE LTD. .....Appellant Through: Mr. J.H. Jafri and Mr. Rajesh Kumar, Advs. M: 9990 856710 versus M/S T T LTD. & ANR. .....Respondents Through: Mr. Mukul Raao and Ms. Anju, Advs. for R-1 M: 9650640008 Email: [email protected] Ms. Padmapriya, Mr. Shikhar Bhardwaj and Mr. Rishabh Sancheti, Advs. for R-2. M: 9910531145 Email: [email protected] CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA JUDGMENT MINI PUSHKARNA, J: 1. By way of this Regular First Appeal, the appellant/defendant no. 1/importer, has assailed the judgment and decree dated 22nd March, 2014 (“impugned judgment”), passed by the Additional District Judge-10 (Central), Tis Hazari Courts, Delhi in Suit No. 144/2009, titled as “M/s. T.T. Limited Versus M/s. M. I. Textiles Pte. Ltd. and Anr.”. The said suit had been filed by the respondent no. 1/plaintiff/exporter, seeking recovery of Rs. Signature Not Verified Digitally Signed RFA 131/2015 Page 1 of 46 By:HARIOM SHARMA Signing Date:01.09.2025 11:42:39 11,80,245/-, along with interest, jointly and severally from the appellant and respondent no. 2/defendant no. 2. 2. The Trial Court, vide the impugned judgment, decreed the suit in favour of the respondent no. 1 and against the appellant, for a sum of Rs. 7,89,840/-, with interest @ 12% per annum from 01st September, 2004 till the penultimate day of filing of the suit. Additionally, further interest was awarded in favour of respondent no. 1 on the aforesaid amount from the date of filing the suit till realization, @ 12% per annum. The suit was, however, dismissed against respondent no. 2. 3. During the pendency of the present appea