Order 7

Order Details: COPY OF ORDER
Pdf Text: CS (Comm.) No.171/2024 (19)
M/s Mukul Gupta Marketing Pvt. Ltd. V/s Rachit Malhotra (Through Its
Proprietorship Firm M/s R.N Print Pack)
CNR No.DLNW01-002551-2024
10.01.2025
Present: Ms.Monica Goel, Ld. Counsel for the plaintiff.
Shri Rajan Malhotra, Ld. Counsel for the defendant.
1. An application U/o XIII-A CPC filed by plaintiff is pending
disposal. I have heard arguments on this application. The learned counsel
for the plaintiff has very vehemently argued that defendant has not
disputed the receipt of material as per the invoices and the plaintiff has
received on account payment. The present suit has been filed with respect
to balance due, as lying mentioned at the foot of the statement of account.
The learned counsel for the plaintiff has referred to the ledger account in
this regard.
2. Per contra, learned counsel for the defendant has referred to
the pleadings as well as the documents filed by the defendant.
3. From the documents, it is evident that the bone of contention
between the parties is two Debit Notes as well as an entry dated
31.05.2022 shown in the statement of account. The defendant has disputed
the Debit Notes as well as entry dated 31.05.2022. Admittedly the
documents, i.e Debit Notes as well as relevant documents regarding Entry
dated 31.05.2022 is not on record.
Contd...p/2…
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4. The plaintiff is a private limited company. There is no
audited balance sheet with list of creditors/debtors placed on record.
5. In my considered opinion, the defendant has raised a defence
which would be adjudicated after recording of evidence in the matter and
the summary judgment cannot be passed. As such, the application U/o
XIII-A filed by plaintiff stands dismissed.
6. Now, renotify the matter for framing of issues/case
management hearing on 25.02.2025.
(Vinod Yadav)
District Judge (Commercial Court)-02
North-West/Rohini Courts/10.01.2025
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