Case Summary
The plaintiff, Pureflames Appliances (Pvt) Ltd., has filed a suit against the defendants including Mrs. Priti Agarwal and others, seeking a mandatory injunction for the return of goods and a bank guarantee. Disputes arose over an oral agreement related to business operations and the alleged failure of the defendants to fulfill their obligations.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction for the return of goods and bank guarantee
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff sufficiently proved the existence of an oral agreement and the failure of the 1st defendant to fulfill contractual obligations.
The plaintiff sufficiently proved the existence of an oral agreement and the failure of the 1st defendant to fulfill contractual obligations.
Judgment Evidence:
In the result, the suit is decreed as follows: A) The 1st defendant is directed by way of mandatory injunction to take back the goods supplied to the plaintiff company vide invoice No. 2017/18-34 dated 21.01.2018 and to return the original bank guarantee No.IBG82004 dated 08.12.2017 issued by 3rd defendant bank in the name of the 1st defendant to the plaintiff company.
Parties Involved
Plaintiffs
Pureflames Appliances (Pvt) Ltd. (Age not specified years)
3507/6, Kirti Sadar, 1st Floor, Pyarlal Road, Karolbagh, New Delhi – 110005
Defendants
Mrs. Priti Agarwal (32 years)
No. 8, Raja Gurudas Street, 1st Floor, Chayan, Kolkata-700006, West Bengal
Mr. Raman Chopra (52 years)
57/2401A, Amala Bhavan Road, Kochu Kadavanthara, Kochi 682 020
The Federal Bank Limited (Age not specified years)
Head Office at Aluva, Ernakulam and Branch Office at Elamakkara Branch, Ernakulam, Pin code 682 026
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directing the 1st defendant to take back the goods and return the original bank guarantee.
Evidence:
The 1st defendant is directed by way of mandatory injunction to take back the goods supplied to the plaintiff company vide invoice No.2017/1834 dated 21.01.2018 and to return the original bank guarantee No.IBG82004 dated 08.12.2017 issued by 3rd defendant bank in the name of 1st defendant to the plaintiff company.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to get costs from the 1st defendant.
Evidence:
Considering the nature of the suit plaintiff is entitled to get costs from the 1st defendant.
Documents & Evidence
Document Type:
Board Resolution
Submitted By:
Plaintiff
Relevance:
Authorizes the Director of the plaintiff company to give evidence in the case.
Reference:
Ext.A1
Document Type:
Goods and Service Tax Details
Submitted By:
Plaintiff
Relevance:
Provides tax details relevant to the plaintiff company.
Reference:
Ext.A2
Document Type:
Agency Agreement
Submitted By:
Plaintiff
Relevance:
Details the agency agreement dated June 2017 for the transaction.
Reference:
Ext.A3
Document Type:
Bank Guarantee
Submitted By:
Plaintiff
Relevance:
Photocopy of the bank guarantee issued in favor of the 1st defendant.
Reference:
Ext.A4
Document Type:
GST Tax Invoice
Submitted By:
Plaintiff
Relevance:
Invoice for delivery of goods from the 1st defendant to the 2nd defendant.
Reference:
Ext.A5
Document Type:
Destination Receipt
Submitted By:
Plaintiff
Relevance:
Receipt issued for the transportation of goods.
Reference:
Ext.A6
Document Type:
Email Communication
Submitted By:
Plaintiff
Relevance:
Communication regarding the negotiation with the 2nd defendant.
Reference:
Ext.A7
Document Type:
Email Communication
Submitted By:
Plaintiff
Relevance:
Communication informing about the goods lying in the godown.
Reference:
Ext.A8
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notice informing about the rescindment of the oral agreement.
Reference:
Ext.A9
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report filed by the Advocate Commissioner regarding the goods.
Reference:
Ext.C1