Final Order 11

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF SH. AJAY PANDEY
DISTRICT JUDGE (COMMERCIAL COURT-10)
CENTRAL, TIS HAZARI COURTS, DELHI
CS Comm 168/2024
Mr. Saurabh Jain
Proprietor of M/s Katyani Maa Textiles
Office at 5633, Gali No.78, Regar Pura,
Karol Bagh, Delhi-110005 …PLAINTIFF
VERSUS
Mr. Mohinder Singh Yadav
Proprietor of M/s Champion Jeans
Q-57, Third Floor (Front Side), Vikas Vihar,
Uttam Nagar, Delhi-110059
Also At:-
H-16/149, Gali No.1.5, Tank Road, Karol Bagh,
Delhi-110006.
Also At:-
H.No.7026/2, Plot No.475, Basement,
Near Tank Road,
New Delhi-110005 …DEFENDANT
Date of Institution : 29.01.2024
Date of Arguments : 08.01.2025
Date of Judgment : 08.01.2025
Ex-PARTE JUDGMENT:-
Commercial Suit for recovery of Rs.18,35,163/- (Rupees
Eighteen Lakh Thirty Five Thousand One Hundred
Sixty Three Only) along with costs, pendente lite and
future interest till its realisation.
1. The present suit for recovery has been filed by the
plaintiff stating inter-alia in the amended plaint taken on
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record vide order dated 24.12.2024 that the Plaintiff is
the proprietor of M/s Katyani Maa Textiles and same is
duly registered under GST and has been in business of
trading of all kinds of fabrics & garments whereas
defendant is proprietor of proprietorship firm, namely,
M/s Champion Jeans. It is further stated that defendant
used to purchase the goods from the Plaintiff on credit
basis of 7 days from the date of invoice. Plaintiff
delivered and provided all the goods as demanded by
defendant after receiving the order with specified
specifications of the goods as required by defendant vide
sale invoice no. GST/18-19/334 dated 26.09.2018, sale
invoice no. GST/18-19/066 dated 02.05.2018, sale
invoice no. 036 dated 05.09.2017 and sale invoice no.
035 dated 05.09.2017. The goods were collected by the
defendant from the shop of the plaintiff. Plaintiff had
filled his GSTR returns i.e all sales invoice entries at the
GST portal. It is further stated that defendant took the
GST input against the invoices issued by the Plaintiff.
After taking the input from the GST against the invoices
issued by the plaintiff, defendant thereby acknowledged
the sales transaction as well as his liability towards the
plaintiff. Part payments were made by the defendant
from time to time. Plaintiff repeatedly requested the
defendant to clear the payment of the outstanding ledger
amount through telephonic calls and meetings.
Defendant always assured the plaintiff to clear the
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outstanding ledger balance of Rs.12,27,534/- (Rupees
Twelve Lakh Twenty Seven Thousand Five Hundred
Thirty Four only) but the same was not paid to plaintiff.
Plaintiff was constrained to serve Legal Notice dated
12.04.2023 upon the defendant but to no avail. Plaintiff
is stated to be entitled to recover the following amount of
recovery from the defendant :-
Sr.
No.
Details of claims or recovery
amt.
Amount
1. Outstanding ledger amount Rs.12,27,534/
2. Interest at the rate of 18% p.a.
on the amount due/outstanding
(from 10.02.2021 to
31.12.2023)
Rs.6,07,629/
Total amount of recovery (in
rupees)
Rs.18,35,163/
Plaintiff filed application dated 09.06.2023
before the ‘Pre-Institution Mediation Centre for
Commercial Court cases, Tis Hazari Courts, District
West, Delhi’ against the defendant. The Mediation
Center issued notice to the defendant on 03.08.2023,
09.09.2023 and 27.09.2023 for participating in the
mediation process but the defendant did not respond to
any notice. Therefore, matter was not settled in the
mediation centre. ‘Certificate of Non-Starter Report’
dated 09.10.2023 was issued to the plaintiff. Hence this
suit for recovery of Rs.18,35,163/- (Rupees Eighteen
Lakh Thirty Five Thousand One Hundred Sixty Three
Only) along with costs of the suit, pendente lite and
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future interest @ 18% per annum till its realisation is
also prayed.
2. Suit was filed under the Commercial Courts Act
duly supported by statement of truth.
3. Vide Order dated 25.04.2024, summons of suit
sent to the defendant received back unserved. Vide
Order dated 03.06.2024, summons issued to the
defendant received back served through Whatsapp and
the defendant was deemed served. Defendant was
directed to file written statement within stipulated period
with advance copy to the plaintiff, at least one week
prior to next date of hearing. Vide Order dated
01.08.2024, none appeared on behalf of defendant nor
any written statement was filed and opportunity to file
written statement stood forfeited. The defendant was also
proceeded ex parte on the same date.
4. In support of the plaint, evidence by way of
affidavit was filed by plaintiff Sh. Saurabh Jain and he
was examined as PW-1 and proved following
documents:-
(i)Ex.PW1/1 is the GST registration certificate of
plaintiff firm.
(ii)Ex.PW1/2 is the GST details of defendant firm.
(iii)Ex.PW1/3 is the original sale invoice
no.GST/18-19/334 dated 26.09.2018.
(iv)Ex.PW1/4 is original sale invoice no.GST/18-
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19/066 dated 02.05.2018.
(v)Ex.PW1/5 is original sale invoice no.036 dated
05.09.2017.
(vi)Ex.PW1/6 is original sale invoice no.035 dated
05.09.2017.
(vii)Ex.PW1/7 is the screen shot of the GSTR 1 of
the plaintiff firm taken from dealer portal from
www.gst.gov.in.
(viii)Ex.PW1/8 (colly.)is the original account
ledger of the defendant firm in the plaintiff’s
books of account for the year 2017-19, 2019-20
and 2020-21.
(ix)Ex.PW1/9 is the Legal Notice.
(x)Ex.PW1/10 is the original postal receipts.
(xi)Ex.PW1/11 is the original ‘Non-Starter Report’
dated 09.10.2023.
(xii)Ex.PW1/12 is the Certificate under Section
65-B of Indian Evidence Act 1872.
5. Arguments on behalf of plaintiff were addressed
by learned Sh. Mohit Agarwal, Advocate for plaintiff.
6. The court has considered arguments addressed on
behalf of plaintiff and has gone through the material and
evidence available on record.
7. In his testimony, plaintiff has proved the sale
invoices (Ex.PW1/3, Ex.PW1/4, Ex.PW1/5 and Ex.PW1/6)
and GSTR-1 of the plaintiff firm through which the goods
were sold to the defendant. The plaintiff has specifically
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stated that defendant has even claimed GST input against
the invoices. Plaintiff also proved ledger account as
Ex.PW1/18 (colly) of the defendant firm in the plaintiff’s
books of account for the year 2017-19, 2019-20 and 2020-
21. A perusal of the ledger account Ex.PW1/18 reflects that
defendant has made part payments in favour of plaintiff
since 2017 to 2021 within the period of limitation therefore
the plaintiff is entitled for counting fresh period of
limitation from the date of receipt of last payment. The
plaintiff has claimed interest on the principal due amount
@ 18% per annum with effect from 10.02.2021 i.e. when
the last payment was received from the defendant.
8. Legal Notice Ex.PW1/9 along with original postal
receipts Ex.PW1/10 and Non-Starter Report dated
09.10.2023 Ex.PW1/11 are also proved by plaintiff.
Testimony of plaintiff has remained unrebutted. Oral
testimony of the plaintiff corroborated by documents
reflects that defendant has not made the complete payment.
The transaction between the parties was of commercial in
nature. Plaintiff is thus entitled to claim of interest from the
defendant. Rate of interest @ 18% per annum is mentioned
in condition no.2 of the terms and conditions at the bottom
of the invoices Ex.PW1/3, Ex.PW1/4, Ex.PW1/5 and
Ex.PW1/6. Hence, it can be safely said that plaintiff is also
entitled to pre-suit interest @ 18% per annum from the
date of last payment till filing of suit as claimed in the suit.
9. Plaintiff has also claimed pendentelite and future
interest @ 18 % per annum. However, considering the
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current interest rates, this court is of the opinion that it
would be just and proper that plaintiff be allowed
pendentelite and future interest @ 9 % only.
10. Hence, suit of plaintiff is decreed with costs for a
total sum of Rs.18,35,163/- (Rupees Eighteen Lakh
Thirty Five Thousand One Hundred Sixty Three Only)
with pendente lite and future interest @ 9% per annum
on the principle sum of Rs.12,27,534/-.
11. Decree sheet be drawn accordingly.
12. File be consigned to record room.
Announced in the open court
on 08.01.2025
(Ajay Pandey)
District Judge
(Commercial Court-10)
Central, Tis Hazari Courts, Delhi.
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