M/S. Garment House And Ors. vs Sh. Bhim Sain And Anr.
2014 Latest Caselaw 742 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                           RSA No.163/2013

%                                                    7th February, 2014

M/S. GARMENT HOUSE AND ORS.                          ......Appellants
                 Through: None.


                            VERSUS

SH. BHIM SAIN AND ANR.                                      ...... Respondents
                   Through:              None.

CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?

VALMIKI J. MEHTA, J (ORAL)

C.M. No.12571/2013 (exemption)

1.           Exemption allowed subject to just exceptions.

             C.M. stands disposed of.

+ RSA No.163/2013 and C.M. No.12570/2013 (stay)

2.           This Regular Second Appeal impugns the concurrent judgments

and decrees of the courts below; of the trial court dated 1.5.2012 and the first

appellate   court   dated     17.5.2013;   by    which    the    suit   of      the




RSA No.163/2013                                                   Page 1 of 2
 respondents/plaintiffs for recovery of money for goods supplied was

decreed.

3.           Before the courts below, the respondents/plaintiffs proved on

record the visiting cards issued by the appellants as Ex.PW1/47 to

Ex.PW1/79 and which contain the signatures of the appellants showing

receipt of the goods. The corresponding invoices with respect thereto issued

by the respondents/plaintiffs are Ex.PW1/2 to Ex.PW1/25. The appellant

no.3 in his cross-examination admitted that appellants maintained books of

accounts but they did not file copies of their books of accounts. It is

therefore clear that the suit has been rightly decreed for recovery of amounts

for sale of goods/garments.


4.           In view of the above, no substantial question of law arises for

this appeal to be entertained under Section 100 CPC. Appeal is therefore

dismissed, leaving the parties to bear their own costs.




FEBRUARY 07, 2014                             VALMIKI J. MEHTA, J.

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