ORCHID ELECTRONICS Vs. VINITEE ELECTRONICS PVT LTD
HIGH COURT OF DELHI
Vinitee Electronics Pvt Ltd
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(1.) This appeal arises out of an order passed by learned Single Judge of this
Court whereby IA 8632 of 2005 filed under Order VII Rule 11 read with Section
151 CPC seeking rejection of plaint has been dismissed.
(2.) In the suit filed by the respondent plaintiff, a decree for an amount
of Rs.61,41,200/- towards the price of a Sealed Maintenance Free Batteries
manufactured by CSB Batteries Company Ltd., Taiwan was claimed. According to
the plaintiff, out of the supplies made by the defendant appellant, 1500
Batteries were found to be defective thereby entitling the plaintiff to seek
refund of the amount paid towards the price thereof. The company who
manufactured the Batteries however agreed to replace 1000 Batteries out of a
total of 1500 found to be defective. That assurance was not made good with the
result that the plaintiff sought recovery of a sum of Rs.61,41,200/-
representing the cost of the Batteries and interest payable on the same.
(3.) In response to the summons issued by the learned Single Judge on the
Original Side, the defendant, appellant herein, appeared to move an application
under Order VII Rule 11 read with Section 151 CPC for rejection of the plaint on
the ground that the same was barred by limitation and that the plaint did not
disclose a cause of action against the defendant. That application has been
dismissed by the learned Single Judge in terms of the order impugned in this
appeal. The Single Judge has held that the plea of limitation raised by the
defendant-appellant can be decided only at the trial and that the plaint did
disclose a cause of action against the appellant. While saying so, the learned
Single Judge also made an observation that the assurance which CSB Battery
Company Ltd. had given to the plaintiff-respondent in this appeal for
replacement of 1000 Batteries must be deemed to have been given on behalf of the
defendant-appellant. Failure on the part of the manufacturer to make good the
assurance, therefore, opined the learned Single Judge, entitled the plaintiff to
maintain the suit.;
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