Delhi District Court M/S Aura Herbal Pvt. Ltd vs M/S Go Explore Pvt. Ltd on 2 September, 2023 IN THE COURT OF SH. SANJEEV AGGARWAL, DISTRICT JUDGE (COMMERCIAL)02, PATIALA HOUSE COURTS, NEW DELHI CS (COMM.) No. 23/2023 CNR No. DLND010001662023 M/S AURA HERBAL PRIVATE LIMITED THROUGH ITS DIRECTOR, SH. BASANT HANDA, S/O VIJAY KUMAR HANDA HAVING ITS OFFICE AT: KHASRA NO. 6//6. 7/8/2 MIN 9, MIN 10, VILLAGE SAFIABAD SONIPAT, HARYANA 131029. EMAIL: [email protected] MOBILE NO. 9910977807 ALSO AT: L15, STREET No.7 NEW MAHAVIR NAGAR NEW DELHI110018. .....Plaintiff VERSUS M/S GO EXPLORE PRIVATE LIMITED HAVING ITS REGISTERED OFFICE AT: 179/2 ANDHERIA MORE, M.G. ROAD OPPOSITE VASANT KUNJ, RED LIGHT NEW DELHI 110074. Email: [email protected] [email protected] CS (Comm.) 23/2023 Page No. 1 of 9 Mobile no. 9899208849 ..... Defendant Date of institution of suit : 06.01.2023 Date of reserving judgment : 28.08.2023 Date of pronouncement : 02.09.2023 JUDGMENT 1. Vide this judgment, I shall dispose off the present suit filed by the plaintiff for recovery of Rs. 7,48,572/. 2. Brief facts as stated it is stated in the relevant para(s) of the plaint are as under : 1. The present plaint is being filed by M/s Aura Herbal Private Limited having an office at Khasra No. 6/6, 7, 7//8/2, MIN 9, MIN 10, Village Safiabad, Sonipat Haryana 131029 through its Director, Mr Basant Handa, duly authorized vide Board Resolution dated 12.08.2022 passed by the Board of the Plaintiff Company (hereinafter referred to as the "Plaintiff). A true copy of the board resolution dated 12.08.2022 is attached and annexed herewith. 2. The plaintiff is engaged in the business of manufacturing and supplying 100% pure and toxicfree CS (Comm.) 23/2023 Page No. 2 of 9 herbal and other cosmetics. ayurvedic and related products since 2015. Subsequently, the plaintiff started manufacturing and supplying hand sanitizers and other disinfectants. 3. The defendant is engaged in the business of tours and travels and approached the plaintiff for bulk orders of hand sanitizers. The plaintiff accordingly arranged for the supply of bulk orders of hand sanitizers and prepared invoices on the basis of the piece of hand sanitizers demanded by the defendant. The plaintiff accordingly supplied hand sanitizers to the defendant for a total amount of Rs. 12,48,572/ (Rupees twelve lakh fortyeight thousand five hundred and seventytwo only), against which the invoices were issued detailed in para 3 of the plaint of the plaintiff. 4. As per the terms of the contract, it was agreed that the defendant shall pay the outstanding amount against which the invoices were issued by the plaintiff. 5. The defendant paid a sum of Rs. 5,00,000/ (Rupees five lakhs only) against the amount of Rs. 12,48,572/ (Rupees twelve lakh fortyeight thousand five hundred and seventytwo only) leaving an outstanding amount of Rs. 7,48,572/ (Rupees seven lakhs fortyeight thousand five hundred and seventy two only). CS (Comm.) 23/2023 Page No. 3 of 9 6. Despite several reminders and request to pay the outstanding amount of Rs. 7,48,572/ (Rupees seven lakhs fortyeight thousand five hundred and seventy two only) the defendant did not pay and stated that he has no obligation to pay as the product i.e., hand sanitizers prices had been capped by the Ministry of Consumer Affairs Food and Public Distribution vide notification dated 21.03.2022. A true copy of the notification dated 21.03.2022 is attached and annexed herewith. 7. The plaintiff had entered into a contractual relationship with the defendant prior to the notification dated 21.03.2022 and had supplied its products on 19.03.2022 and 20.03.2022, respectively. It is stated that the notification does not have a retrospective effect and the defense of the defendant that he has no obligation