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* IN THE HIGH COURT OF DELHI AT NEW DELHI
RESERVED ON : 25th NOVEMBER, 2014
DECIDED ON : 12th DECEMBER, 2014
+ CS(OS) 1532/2011 & CRL.M.A.No.16770/2012
M/S UNITEL TECHNOLOGY (INDIA) PVT LTD. & ANR.
..... Plaintiffs
Through : Mr.Manu K.Giri, Advocate.
VERSUS
SMP INTERNATIONAL & ORS. ..... Defendants
Through : Mr.Ashok K.Juneja, Advocate.
CORAM:
HON'BLE MR. JUSTICE S.P.GARG
S.P. GARG, J.
1. The plaintiffs - M/s. Unitel Technology (India) Pvt. Ltd. & anr. have filed the instant suit for recovery of ` 41 lacs.
2. Plaintiffs‟ case is that a production unit at SDF No.E-17, Noida Export Processing Zone to repair and refuberish telephones was set up. The plaintiff company was 100% export oriented unit. However, it got special permission and licence to sell products in India. Defendants No.1 & 2 used to sell products i.e. telephones on behalf of the plaintiffs‟ company in India. Defendant No.3 used to receive goods on behalf of the defendant No.2. CS (OS) 1532/2011 Page 1 of 8 These facts have been admitted in the cross-examination dated 29.05.2008 in Civil Suit No.185/2008, pending between the same parties. The said suit was dismissed by the learned Civil Judge, Tis Hazari Courts, Delhi. The findings in the said suit have attained finality.
3. Further case of the plaintiffs is that the company supplied telephones to defendants No.1 & 2 at