Delhi High Court
M/S Haldiram Manufacturing ... vs M/S Dlf Commercial Complexes ... on 16 April, 2012
Author: Kailash Gambhir
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ IA No. 3363/2011 in CS(OS) 2288/2010
Judgment delivered on: 16.4.2012
M/s Halidram Manufacturing Company Pvt. Ltd. ..... Plaintiff
Through Mr. Anil Sapra, Sr. Adv. with
Ms. Snigdha Sharma &
Ms. Praneeta Vij, Advs.
M/s DLF Commercial Complexes Limited ..... Defendants
Through Mr. H.L. Tikku, Sr. Adv. with
Ms. Yashmeet Kaur &
Ms. Mandeep Kaur, Advs.
HON'BLE MR. JUSTICE KAILASH GAMBHIR:
( relevant extracts from said judgement)
On a plain reading of the clause 34 contained in the application form and the legal position discussed herein above, this court is of the considered view that it cannot be said that the parties had not agreed to the terms and conditions of eth said Application Form. The said Application Form, in fact, has been issued and printed by the defendant itself and therefore, the plaintiff cannot be heard to say that the application form constituted a unilateral agreement and not a bilateral one. The application form is duly signed by the Chairman of the plaintiff and the said form has been duly attested by the defendant. In fact the payments were being made by the plaintiff in accordance with the terms contained in the application form. Moreover no dispute has even been raised by the plaintiff to challenge any of the terms and conditions contained in the application form. To this extent, therefore, this Court does not subscribe to the arguments advanced by the learned counsel for the plaintiff that the said Application Form constitutes a unilateral agreement and not bilateral one.