Disposed

Shree Balaji Traders v. Ltc Commercial Company Limited

Delhi HC10 Nov 2016FAO(OS) (COMM)/111/2016

Case brief

AI extract

What is this about?

In a consent order arising from a commercial dispute over warehousing charges for stored fish, the court cancelled an auction, ordered payment of Rs 55 lacs without prejudice to further rights, and superseded earlier single-judge orders.

What did the court decide?

Cancelled auction; Appellant to pay Rs 55 lacs for warehousing charges within two days to lift 192 metric tonnes of channa.

Shree Balaji Traders Vs Ltc Commercial… — Contract and Commercial Disputes | Delhi HC (2016)

¶1

$~48

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- FAO(OS) (COMM) 111/2016 & CM 41979/2016

¶4

..... Appellant Through : Mr Alok Shukla with Mr Praveen Kumar, partner in the appellant Co.

¶5

SHREE BALAJI TRADERS

¶6

versus

¶7

LTC COMMERCIAL COMPANY LIMITED ..... Respondent Through : Mr Sanjeev Narula with Mr Jai Prakash

¶8

CORAM: HON'BLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MR JUSTICE ASHUTOSH KUMAR

¶9

O R D E R

¶10

% 10.11.2016

¶11

We have heard the learned counsel for the parties. The following consent

¶12

order is being passed. Mr Praveen Kumar, who is a partner in the appellant firm, is

¶13

present so is his counsel. On the other hand, Mr Narula, representing the respondent, submits that he has full instructions to consent to the terms.

¶14

(i) The auction/tender in respect of the 192 metric tonnes of channa stored in the warehouse of the respondent would stand cancelled.

¶15

(ii) The appellant would pay a sum of Rs 55 lacs to the respondent against the claim of the respondent towards warehousing charges, which claim is denied and disputed by the appellant.

¶16

(iii) The said payment would be without prejudice to the rights and contentions of the petitioner, i.e, Shree Balaji Traders and would be

¶17

subject to further orders that may be passed by the learned Single Judge. The said payment shall be made within two days and immediately thereupon, the appellant shall be permitted by the respondent to lift 192 metric tonnes of channa .

¶18

(iv) This figure of 192 metric tonnes would also be subject to any further orders that may be passed by the learned Single Judge. The orders passed by the learned Single Judge stands superseded by the consent terms recorded above.

¶19

The appeal stands disposed of. We are making it clear that this order governs only the auction which was in respect of the channa belonging to the appellant and is not, in any way, connected with the auction pertaining to the firm of Ajay Kumar.

¶20

Dasti under the signature of the Court Master.

¶21

BADAR DURREZ AHMED, J

¶22

ASHUTOSH KUMAR, J

¶23

NOVEMBER 10, 2016 SR

Shree Balaji Traders v. Ltc Commercial Company Limited

Case brief

What is this about?

What did the court decide?

Shree Balaji Traders v. Ltc Commercial Company Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Texmaco Rail & Engineering Ltd. Vs Union of India and Ors.

Santosh Kumar & Ors. Vs Union of India & Ors.

Worldwide Achievers Private Ltd. Vs Shakh Nanayan Samanteray

Mukesh Nagar & Anr. Vs Rajiv Gauba

M/S Bils International Services Ltd. Vs Ministry of External Affairs, Govt. of India & Ors.

The Naval Technical Officers Cooperative Group Housing Society Ltd. Vs Dr. Philip Thanglienmang & Ors.