SAINIK INDUSTRIES PVT. LTD. vs INDIAN SUGAR MANUFACTURING COMPANY LIMITED

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 01st JUNE, 2026 IN THE MATTER OF: + CS(COMM) 474/2019 &I.A. 11701/2020, I.A. 9050/2023, I.A. 15936/2026 SAINIK INDUSTRIES PVT. LTD. .....Plaintiff Through: Ms. Preeti Gupta, Ms. Urvashi Tyagi, Advs. along with Vikram Singh, AR of the Plaintiff versus INDIAN SUGAR MANUFACTURING COMPANY LIMITED .....Defendant Through: CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT (ORAL) I.A. 15936/2026 1. The instant application has been filed on behalf of the Plaintiff for withdrawal of the present Suit and for refund of the court fees. 2. The present Suit has been filed by the Plaintiff for recovery of Rs.19,55,30,723/- along with pendete lite and future interest @ 15% per annum. 3. It is the case of the Plaintiff that an Agreement dated 28.07.2016 was entered into between the parties for supply of 5200 MT sugar for a total consideration of Rs.16,71,80,000/- and the Defendant issued a confirmation letter for supply of the same. Signature Not Verified Signed By:HARIOM SINGH KIRMOLIYA CS(COMM) 474/2019 Page 1 of 11 Signing Date:01.06.2026 17:49:21 4. It is stated that the Plaintiff made an advance payment of Rs.10,00,000/- to the Defendant. It is stated that the Defendant supplied 1942.9 MT of sugar which was undisputedly priced at Rs.6,24,64,235/-. 5. It is stated that in respect of the balance advance amount of Rs.3,75,35,765/-, which was retained, no sugar was supplied by the Defendant within the stipulated period as agreed upon between the parties. 6. It is stated the since the Defendant failed to comply with the terms and conditions of the agreement despite receipt of substantial advance payments, the Plaintiff has filed the present Suit for recovery of Rs.19,55,30,723/- along with interest. 7. On 18.05.2026, it