Horizon Global Limited Vs Anya Interprises
Horizon Global Limited Vs Anya Interprises
IN THE MATTER OF :
VERSUS
AND
VERSUS
4. Annexure A-1
A true copy of the ex-parte order/decree dated 10-16
08.08.2024
5 Annexure A-2
A true copy of the order dated 27.04.2024 17
DEFENDANT
Through,
Dated:- 01.10.2024
Place:- New Delhi
1
IN THE MATTER OF :
VERSUS
AND
VERSUS
MEMO OF PARTIES
Versus
Applicant
2
Through,
Dated:- 01.10.2024
Place:- New Delhi
3
IN THE MATTER OF :
VERSUS
AND
VERSUS
COURT FEES
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Cauvery Rawal & Vishal Jha
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Advocates, Counsel for the Applicant
A-304,LGF, Defence Colony
New Delhi-110024
Ph: +91- 8744890803
Email: [email protected]
Dated:- 01.10.2024
Place:- New Delhi
4
IN THE MATTER OF :
VERSUS
AND
VERSUS
1. That the plaintiff has instituted the aforementioned suit for recovery,
Court.
5
premises.
miscarriage of it, aims to highlight certain key facts that clearly show the
C.) That the proposed defendant only became aware of the ex-parte
the main counsel for the applicant, Mr. Sanjeev Soni, was
Annexure A-2
4. The defendant, acting in good faith and without any deliberate delay,
explains that the failure to appear in court was unintentional and not
7
within their control. The absence was solely due to the plaintiff's
manner. If the ex-parte decree is not set aside, the proposed defendant
justice.
6. That the facts and circumstances of this case incontrovertibly reflect the
7. That the proposed defendant, in the interest of equity, humbly prays that
this Hon’ble Court may graciously set aside the ex-parte decree dated
8. This application is made in good faith, without any intention to harm the
should have a fair chance to present their case. Therefore, the defendant
respectfully requests this Hon'ble Court to cancel the ex-parte decree and
allow the defendant to challenge the plaintiff's case for its flaws.
PRAYER:
8
a) Allow the present application and graciously set aside the ex-parte judgment
b) Pass such other orders as this Hon’ble Court may deem fit, proper, and just in
Applicant
Through,
Dated:- 01.10.2024
Place:- New Delhi
VERIFICATION
DEPONENT
9
BEFORE THE HChVBLE COURT OF LEARNED SHRf Vl \T» f >
VADAV , DISTRICT JUDGE ( COMMERCIAL COURT ) NORTH- VVFST
DISTRICT, ROHfM COL RTS. NEW DELHI
CS (COMM.) NO. 920 OF 2022
IN THE MATTER OF:
Anya Enterprises Exim Pvt Ltd. . . . Plaintiff* S;
VERSUS
Horizon Global Limited ... Defendant(Sji
AFFIDAVIT
I. Deepak Bhalla S 'o Sh. Ashok Kumar Bhalla aged about 40 years,
Authorizes Representation of the Defendant Company having my Registered
office at 15. Nimri Colony. Ashok Vihar, Phase IV New Delhi 110052, hereby
solemnly state and affirm as under.-
. - 1. o
DEPONENT
VERIFICATION
202A
[ tfjSabove-name deponent, do hereby verm at the New- Delhi on this day of
October. 2024 that the contents of the Para 1 to 3 of the above Affidavit are true
and coma to the best of my knowledge and belief and no part of it is false and
nothing materia! has been concealed therefrom.
- /
DEPONENT
O&M
.A4v
,
- r.
\ 6 OCT aU
10 Annexure A-1
CNR No.DLNW010119362022
Civil Suit (Comm.) 920/2022
Versus
EX-PARTE JUDGMENT:
11
2. (i) The facts of the case in brief, as borne out from the record are
that plaintiff is a private limited company duly incorporated and registered with
the Registrar of Companies under the Companies Act, 1956. That plaintiff is
engaged in the manufacturing business/trade of ‘moulds’ etc. That defendant is
also a private limited company.
(ii) That plaintiff had been supplying the aforesaid goods to
defendant against tax invoices/delivery challans and maintaining running
account in this respect as per which an amount of Rs.9,12,947/- was shown as
outstanding against the defendant. That defendant lastly placed purchase order
bearing No.RGP No.388, dated 19.01.2019 for supply of aforesaid goods, i.e.,
mould PV below MAR619019 32 CAV, worth Rs.5,66,400/- which were
accordingly supplied vide invoice bearing No.128/2019-20, dated 12.09.2019.
The same was acknowledged in writing by defendant. That vide e-mails dated
12.09.2019 and 25.12.2020, the plaintiff sent account statements to the
defendant demanding payment of the outstanding amount.
page;
8. I have heard Sh. Sanjeev Soni, learned Counsel for the plaintiff and
perused the entire material on record.
10. (i) From the perusal of record, it is clearly evident that defendant had
approached the plaintiff for business purpose. The execution of
necessary/requisite documents between the parties in this regard has been duly
proved on record by plaintiff.
(ii) The plaintiff has further proved on record the Ledger account in
respect of the defendant (Ex.PW1/14) wherein an amount of Rs.9,12,947/- is
reflected as outstanding against the defendant as on 12.09.2019.
quantified as Rs.22,000/-.
15. Decree Sheet be drawn accordingly, subject to payment of requisite
court fees.
16. File be consigned to Record Room after completion of necessary
formalities.
35CS (COMM.)920/22
ANYA ENTERPRISES EXIM PVT LTD Vs.
HORIZON GLOBALLIMITED
27.04.2024
(Vinod Yadav)
District Judge (Commercial Court)-02
North-West/Rohini Courts/27.04.2024
18
IN THE MATTER OF :
VERSUS
AND
VERSUS
1. The delay has occurred due to circumstances beyond the control of the
as explained hereunder:
2. That the applicant has not yet received the official copy of the
(27.04.2024), the applicant checked the portal to find the order, which led
to an unintentional delay.
19
3. That it is submitted that the official court order was uploaded on the e-
the same within the prescribed period of limitation. As the applicant had
4. That the delay days of 44 caused was neither intentional nor deliberate
but due to the reasons explained above, which are genuine and constitute
5. In the interest of justice, it is humbly prayed that this Hon’ble Court may
kindly condone the delay days of 44 in filing the application and allow
PRAYER:
In the facts and circumstance of the present case and in light of the
submissions made hereinabove, it is most respectfully prayed that this
Hon’ble Court may be pleased to:
B: Pass any other necessary and appropriate orders and direction, as this
Hon’ble Court may deem fit and proper in the facts and circumstances of
the case, in the interest of justice.
20
Through,
I, Deepak Bhalla S/o Sh. Ashok Kumar Bhalla aged about 40 years,
Authorizes Representation of the Defendant Company having my Registered
office at 15, Nimri Colony, Ashok Vihar, Phase IV New Delhi 110052, hereby
,
solemnly state and affirm as under:-
1. That I am the Authorized Representive of the company in the above
captioned matter and I am authorized to institute and sign the present
affidavit.
2. That the Present Application has been drafted by my counsel under mu
,
instruction and the same' has been read and, understood by name and I say
knowledge and belief.
3. That the contenst of Pata 1 to 5 of present application are true to my
nprcnrial knowledge/derived from the official' and are believed to be true.
DEPONENT
VERIFICATION
1 6 OCT
** l the above-name deponent, do hereby verify at the New Delhi on this day of
5
October, 2024 that the contents of the Para 1 to 3 of the above Affidavit are true
and correct to the best of my knowledge and belief and no part of it is false and
has been
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07 FEB- 2022
VAKA 1 ATNAMA
RFIORK THE HON’ BLE COURT OF LKARNKDSHRI VIVOl ) V A DA V.
DISTRICT JUDGE ( COMMERCIAL COUR I ) NORTH - WEST
DISTRICT, ROHIM COURTS , NEW DELHI
Anya Enterprises Exini Pvt Ltd . Plainlil f (S )
'
VERSUS
Horizon Global Limited . . . Defendant(S)
Know All to whom these presents shall come that We undersigned appoint Mr.
Himanshu Rao & Vishal Kumar Jha . FOR THH PETITIONER in the above-
mentioned cause, to do all the following acts, deeds and things or any of them, that
is to say
ill which llie same mas IK turd and heard in the first imiance* or m Appc.il I
Appeal or Review Revision or execution or at *w . uh*~ i • . iro ^ . . mi .lV
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or leave to appeal to Supreme C mui review, itvinna withdraw*! compromise or other paUTLC ;
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affidavits wt other documents a* «|u: t he deer suable tot she pron
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the said ease in all Its siagr * ^^
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l l i withdraw or utmpa'iimo the »a:,i < ««• >< submit to arbitration any
dispute that shall arise touching nr m any Manner relating to the said ease
3. 1s' receive moneys anti yaoi receipt* thereof and !*• do at! other acts ami thu
may he necessars to he done tor the progress am! in the course of the prosecution , IV,
case ADVOCAl ES WELFARE
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1 To employ any other Legal Practitioner authorizing him to exercise the f
authorities hereby conferred upon the Advocate whenever he may think fit to do so Wi
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1\7 > / u 'e hereby agree not hold the Advocate or hi* substitute responsible lor mwtm ,
of the sail! cause in conscvjucncv* of hi * absence from the court when the said case is
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for hearing /O t A l f ^
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,4 , V/ > / » «* hereby agree that in the event of the whole or any
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me, us to bo paid to the Advocate remaining unpaid he shall be entitled to withdrawl
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transferred to any other Court or the Court sits at any place other than its normal place of sitting.
.
/ V H'lTSESS W HERE OF I 'We hereunto set my our hand to these presents, the contents
of which have been explained to and understood by me us, this the 1st day of
October 2024. g
Vi£ai Ltd ,
(Cauvery Rawal)( Himanshu Rao . & Vishal Jha )
V
For Hon
^
Signature or Thumb impression
Director
23
"RESOLVED FURTHER THAT any of the Director of the Company, be and is hereby
authorised to issue certified true copy of this resolution to any authority or person, as and
when required."
Dated:-10.10.2024
Place:- New Delhi ' ^
Tushar
Director
Kapoor
Director
Global -
Ltd