1. M/s Aryan Chemical Trading Pvt. Ltd. Office address: 1st Floor No. 111, Trade Centre, Plot No. 46, Sector 8, Timber Bhawan, Gandhidham, Kutch, Gujarat 370201. Also at: Godown at: 10/3, Survety no. 558/P, Tirupati Estate, Aslali, Ahmedabad 382427 2. Sh. Madhur Vinod Gupta Director of M/s Aryann, Chemical Trading Pvt. Ltd. Office address as above. .............Defendants Date of institution : 03.03.2023 Date of reserving judgment : 01.04.2025 Date of judgment : 19.04.2025 JUDGMENT: 1. Vide this judgment, I shall decide the present suit filed by the plaintiff against defendants for seeking recovery of Rs.4,79,788/ along with interest. The brief facts necessitated in filing of the present suit are given as under: Digitally signed Pitamber by Pitamber Dutt Dutt Date: 2025.04.19 CS (Comm) No. 86/2023 14:36:27 +0530 Page No. 1 of 21 Swati Handa VS Aryann Chem. Trading Pvt. Ltd. 2. The plaintiff has averred that she is the proprietor of M/s Shree Shyam Chemicals. Defendant no. 1 is a private limited company and defendant no. 2 is one of its Director. 3. The plaintiff approached defendant no. 1 for purchasing 1900 Kgs of cyclohexanone chemical, which was supplied by the defendant to plaintiff on 15.04.2022, however at the time of delivery, the executive of defendant company, demanded entire payment of said order in cash, which was never agreed. 4. The plaintiff even called defendant no. 2 but he also insisted to make the payment in cash. Having left no other option, plaintiff handed over a sum of Rs.4,79,788/ in cash to the executive of defendant no. 1. 5. The plaintiff has further averred that she got the goods checked after two days from receiving, then she came to know that cyclohexanone supplied by defendant no. 1 was defective and adulterated. She informed about the same to defendants and defendant no. 2 accepted his mistake and told her to replace the goods. 6. The plaintiff has further averred that on the assurance of defendant no. 2, she sent back the goods to defendants. However, defendants neither supplied fresh goods nor returned the money received by them, despite various requests and service of legal notice dated 15.10.2022. On the basis of these averments, the present suit has been filed for adjudication. Digitally signed Pitamber by Pitamber Dutt Date: Dutt 2025.04.19 14:36:36 +0530 CS (Comm) No. 86/2023 Page No. 2 of 21 Swati Handa VS Aryann Chem. Trading Pvt. Ltd. 7. Pursuant to the summons, defendants appeared and filed their written statement, taking preliminary objections that plaintiff has not come with clean hands and has suppressed the true and material facts; That suit has not been valued properly for the purpose of court fee; That this Court is not vested with the territorial jurisdiction to entertain, try and decide the present suit. 8. On merits, defendants have averred that plaintiff was a salaried employee in defendant no. 1 company and due to her poor performance, she was terminated from her service in April 2022. They further averred that one Vansh Nagi sent them a purchase order, posing himself to be the proprietor of Shyam Chemicals from email [email protected] on 15.04.2022, along with photocopy of cheque from the bank account of Shyam Chemical. 9. The defendants have further averred that pursuant to said purchase order,