DABUR NEPAL PVT LIMITED Vs. WOOWORTH TRADE LINKS PVT LIMITED

JUDGEMENT

(1.) This common order will dispose of two applications - I.A. No. 4952/2007, filed by the defendant, seeking rejection of the suit, and I.A. No. 6468/2007, filed by the plaintiff, seeking permission to place on record what is termed as "the correct statement of accounts."

(2.) The plaintiff sues the defendant for recovery of Rs.2,65,50,777/-. The averments in the suit are that the plaintiff used to supply goods to the defendant; the plaintiff claims to be a Nepalbased company and a subsidiary of M/s. Dabur India Ltd. The other allegations in the suit are that the goods were supplied to the defendant, who in turn used to supply them to the parent company. The defendant in the written statement took the position that the suit is not maintainable since the statement of accounts placed on the record does not show a debit balance and on the contrary, discloses that the defendant is entitled to the sum of approximately Rs.17 lakhs. On this averment, the defendant moved an application, I.A. No. 4952/2007, seeking rejection of the suit, stating that the plaint does not disclose any cause of action.

(3.) At the stage of the defendant's application, the plaintiff moved an application, I.A. No. 6468/2007, stating that the statement of accounts annexed along with the suit was a wrong one and that it pertained to M/s. Dabur India Limited. The plaintiff states that the list of documents filed along with the suit contained, by inadvertence and oversight, the account of transactions which took place between the defendant and Dabur India Limited, the plaintiff's holding company whereas the plaintiff, in fact, intended to place on the record the statement of account, reflecting the transactions between parties to the suit. The plaintiff explains the alleged lapse - in placing the incorrect statement due to the fact that the defendant had dealings with the plaintiff as well as Dabur India Limited, the holding company of plaintiff, and the papers were compiled and collected in Delhi.