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M/s. B.R. Fabrications v/s Shakti Food Products


Company & Directors' Information:- B. P. FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15311MP1994PTC032994

Company & Directors' Information:- P P PRODUCTS PVT LTD [Active] CIN = U32305WB1991PTC051091

Company & Directors' Information:- S P P FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15412DL2004PTC128666

Company & Directors' Information:- K B PRODUCTS PRIVATE LIMITED [Active] CIN = U51909MH2007PTC169627

Company & Directors' Information:- J S FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15314OR1991PTC002964

Company & Directors' Information:- K G PRODUCTS PRIVATE LIMITED [Active] CIN = U51909PB2007PTC031201

Company & Directors' Information:- H R B FOOD PRODUCTS PVT LTD [Active] CIN = U15146WB1988PTC045281

Company & Directors' Information:- V D FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15400DL2012PTC231717

Company & Directors' Information:- SHAKTI CORPORATION INDIA LIMITED [Active] CIN = U27320PB2012PLC036331

Company & Directors' Information:- M P K PRODUCTS PVT LTD [Active] CIN = U26919AS1994PTC004183

Company & Directors' Information:- P R FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC030483

Company & Directors' Information:- S S FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15310MH2003PTC142530

Company & Directors' Information:- B K FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15312OR1996PTC004541

Company & Directors' Information:- C L PRODUCTS INDIA LIMITED [Active] CIN = U51909DL2002PLC116975

Company & Directors' Information:- O H P FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U52205DL1999PTC100269

Company & Directors' Information:- K V FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15122DL2007PTC162739

Company & Directors' Information:- K. C. FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15431JK1982PTC000554

Company & Directors' Information:- K I C FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15316DL1979PTC009757

Company & Directors' Information:- R B FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15313DL2010PTC202753

Company & Directors' Information:- R K B FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15490KL2013PTC033500

Company & Directors' Information:- J V FABRICATIONS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC134144

Company & Directors' Information:- S K G FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15419UP1991PTC013771

Company & Directors' Information:- C F C PRODUCTS PRIVATE LIMITED [Active] CIN = U28129DL1998PTC095531

Company & Directors' Information:- B H FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15134DL1997PTC084273

Company & Directors' Information:- SHAKTI PRODUCTS LTD [Strike Off] CIN = U67120WB1990PLC050490

Company & Directors' Information:- N S FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15412WB1992PTC055591

Company & Directors' Information:- B R PRODUCTS PRIVATE LIMITED [Active] CIN = U31909DL1999PTC100727

Company & Directors' Information:- S P B PRODUCTS LIMITED [Active] CIN = U51909DL1996PLC082631

Company & Directors' Information:- H N FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15146UP1990PTC011540

Company & Directors' Information:- V K FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15412UP1988PTC010023

Company & Directors' Information:- M B R PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U17111WB1993PTC060806

Company & Directors' Information:- P D PRODUCTS PRIVATE LIMITED [Active] CIN = U23201DL2000PTC108462

Company & Directors' Information:- S K M PRODUCTS PRIVATE LIMITED [Active] CIN = U18101DL1998PTC093415

Company & Directors' Information:- G M PRODUCTS PRIVATE LIMITED [Active] CIN = U74899DL1991PTC044687

Company & Directors' Information:- V T N PRODUCTS PVT LTD [Active] CIN = U51109WB1996PTC080094

Company & Directors' Information:- B M FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15419WB1993PTC060386

Company & Directors' Information:- S S V FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15499AP1982PTC003547

Company & Directors' Information:- W S T Q PRODUCTS PRIVATE LIMITED [Active] CIN = U31300DL1999PTC102655

Company & Directors' Information:- S Q P FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15100MH2003PTC139217

Company & Directors' Information:- F S FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15311MH2000PTC126031

Company & Directors' Information:- Z K FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15400MH2010PTC209818

Company & Directors' Information:- M B S FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U01112WB2003PTC096375

Company & Directors' Information:- N D FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15131DL2002PTC115754

Company & Directors' Information:- U B PRODUCTS PRIVATE LIMITED [Active] CIN = U51224DL2002PTC116457

Company & Directors' Information:- B P PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U24241WB1999PTC089499

Company & Directors' Information:- C K M FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51909KL1998PTC012358

Company & Directors' Information:- S D H PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U55204KA2006PTC040734

Company & Directors' Information:- V M PRODUCTS PRIVATE LIMITED [Active] CIN = U24100DL2014PTC266679

Company & Directors' Information:- G S C FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15316WB1985PTC038398

Company & Directors' Information:- A K G FOOD PRODUCTS PVT LTD [Under Liquidation] CIN = U15412WB1990PTC049789

Company & Directors' Information:- J M D FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15419DL1998PTC097578

Company & Directors' Information:- L K FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15200TG2016PTC103411

Company & Directors' Information:- FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15431JK1966PTC000304

Company & Directors' Information:- R R FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15490PN2015PTC154753

Company & Directors' Information:- R. M. R. PRODUCTS PRIVATE LIMITED [Active] CIN = U74999MH2017PTC298120

Company & Directors' Information:- A N FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15400TG2013PTC091969

Company & Directors' Information:- BR CORPORATION INDIA PRIVATE LIMITED [Active] CIN = U74999TN2012PTC088932

Company & Directors' Information:- R V S K FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15490DL2012PTC245851

Company & Directors' Information:- K G Y FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15400KA1984PTC005909

Company & Directors' Information:- PRODUCTS (INDIA) LTD [Strike Off] CIN = U31901WB1961PLC024991

Company & Directors' Information:- FOOD PRODUCTS (INDIA) PVT. LTD. [Strike Off] CIN = U15311HR1994PTC032356

Company & Directors' Information:- M PRODUCTS & CO PVT LTD [Strike Off] CIN = U51909WB1956PTC023215

Company & Directors' Information:- M K FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15209DL1979PTC009924

    RFA. No. 290 of 2017

    Decided On, 10 August 2018

    At, High Court of Delhi

    By, THE HONOURABLE MR. JUSTICE VALMIKI J. MEHTA

    For the Appellant: Himani Bhatnagar, Advocate. For the Respondent: --------------



Judgment Text

Oral:

C.M.Nos.10235/2017 (for condonation of delay in filing) & 10236/2017 (for condonation of delay in re-filing)

1. For the reasons stated in the applications, delay of 6 days in filing and 67 days in re-filing the appeal is condoned.

C.M.s stand disposed of.

RFA No.290/2017

2. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the Judgment of the Trial Court dated 16.8.2016 by which trial court has dismissed the suit for recovery of Rs.5,77,000/- along with interest filed by the appellant/plaintiff.

3. The appellant/plaintiff pleaded that it was in the business of manufacturing and fabrication of iron and steel articles. It was pleaded that the respondent/defendant placed various orders upon the appellant/plaintiff from 6.1.2012 to 10.3.2012. Articles were pleaded to have been delivered by the appellant/plaintiff to the respondent/defendant against various invoices. Since the amounts due under invoices were not paid, subject suit came to be filed.

4. Respondent/Defendant contested the suit by filing written statement. It was completely denied by the respondent/defendant that they had anything to do with the appellant/plaintiff or that the respondent/defendant had ever purchased any article from the appellant/plaintiff. The suit was pleaded to be completely false and bogus. It was specifically pleaded by the respondent/defendant that the respondent/defendant never received any supply from the appellant/plaintiff, moreso as per the invoices claimed by the appellant/plaintiff. It was pleaded in the written statement that the story put up by the appellant/plaintiff is outrightly false and frivolous and the suit was therefore prayed to be dismissed.

5. After pleadings were complete, issues were framed. Appellant/plaintiff lead evidence but respondent/defendant did not lead any evidence. These aspects are recorded in paras 4 to 6 of the impugned judgment and these paras read as under:-

'4. On the basis of pleadings of the parties, following issues were framed in this case on 16.02.2013:-

i. Whether the suit has not been instituted and verified by a competent person? OPD

ii. Whether the plaintiff has not come to the court with clean hands and defendant, on account of acts of plaintiff, has suffered substantial loss? OPD

iii. Whether there was no privity of contract between the parties as alleged? OPD

iv. Whether the plaintiff is entitled to money decree, if so to what amount?

v. Whether the plaintiff is entitled to any interest? If so, at what rate and for which period? OPP

vi. Relief

5. From the side of plaintiff, Sh. Arun Jain has examined himself as PW-1 in support of this case and then remaining evidence of plaintiff was closed.

6. No witness was examined on behalf of defendant despite sufficient opportunities given and hence evidence of defendant side was closed.'

6. I have asked the counsel for the appellant/plaintiff to show me a single document, whether the same be of the invoices or of the transportation receipt or any other document, which shows that the respondent/defendant has received the goods under the signatures of the respondent/defendant or an employee of the respondent/defendant. Admittedly in the invoices or the transportation receipts or ledger maintained by the appellant/plaintiff there is not even a single signature of any one from the side of the respondent/defendant that the respondent/defendant has received the subject material/articles from the appellant/plaintiff. The ledger entry proved as Ex.PW1/1 cannot help the appellant/plaintiff because ledger entry has to be proved by corresponding documents in support of the ledger entries in view of Section 34 of the Indian Evidence Act, 1872.

7. Counsel for the appellant/plaintiff states that appellant/plaintiff sought to lead evidence of the transporter who transported goods to the respondent/defendant, but the office of the transporter was found closed. The

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refore in my opinion no purpose will be served in setting aside the impugned judgment and allowing the appellant/plaintiff to lead additional evidence. It is very much possible that transporter may not have delivered goods to the respondent/defendant and that is why the transporter has fled from the known address as mentioned in the transportation receipts. 8. In view of the aforesaid discussion, I do not find any merit in the appeal. Dismissed.
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