Published on: 29 January, 2024 at 13:11 IST
Court: High Court of Delhi
Citation: Bharat Forge Ltd. V. Onil Gulati (2005)
Honourable High Court of Delhi has held that an invoice which incorporates the particulars of seller, purchaser, description of goods, weight, quantity, rates and price including sales tax and other dues, accompanied with additional terms as noticed in the present case would be regarded as a written contract on acceptance by the respondent. It is held that such an invoice would be considered as a Written Contract and would fall within the ambit of summary suit under Order XXXVII of the Code of Civil Procedure, 1908.
13. In the instant case, as we have noticed the invoices clearly contain the terms of supply and other requisite terms, price for effecting the sale of goods is given. The invoices have been acted upon, accepted and partly paid. In these circumstances, the preliminary objection raised as to the non-maintainability of the suit under Order 37 is devoid of merit.
14. Considering the pleas sought to be raised of return of goods, defendant has prima facie failed to demonstrate that the goods for the value of Rs. 3,06,121/- were returned to the plaintiff. Barring some photocopies of certificates issued by the defendant itself have been produced on record. These are supported with some cash receipt of transporters, regarding boxes containing rejected material being sent. There is no written correspondence with regard to the goods being defective or being returned. No receipt or acknowledgment by the plaintiff of having received the returned goods has been enclosed.
There is nothing produced on record to show that the defendant at any stage disputed its liability. Rather cheques issued in part payment were dishonoured for which the defendant issued fresh cheques, as noted earlier. There is nothing to support the defendants contention at this stage that the acknowledgment of liability as recorded in letters dated 19.12.2000 was false or forged. The said letters are duly signed by defendants and contain the acknowledgment of the amounts billed and due and receipt of material together with their seal. It is also significant that the defendant has, till the filing of the suit, not raised any specific claim in writing in this regard.
Drafted By Abhijit Mishra