Namrata Goyal v. M/S Pret Study By Janak Fashion Pvt Ltd.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO(OS) (COMM) 64/2019 & C.M. No. 14390/2019 NAMRATA GOYAL ..... Appellant Through:

Mr.Mohit Prasad, Advocate versus M/S PRET STUDY BY JANAK FASHION PVT LTD.

..... Respondent Through:

Counsel appearance not given

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 25.11.2019

1. We have heard learned counsel for the parties.

2. Learned counsel for the respondent, without prejudice to the rights and contentions of the respondent, states that the respondent shall remove the goods from the godown of the appellant within two weeks. The only reason given for not removing the said goods by the respondent is that the goods as reported by the Local Commissioner were deficient compared to the goods supplied to the appellant.

3. In our view, even if aforesaid reason is true, it could not be a ground for the respondent not to remove the goods. We therefore, permit the respondent to remove the goods within two weeks. In case goods are not so moved, it shall be open to the appellant to dispose of the goods at the risk of the

respondent.

4. With the aforesaid terms, the appeal and the application stand disposed of.

VIPIN SANGHI, J SANJEEV NARULA, J NOVEMBER 25, 2019 v