Final Order 13

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF DR. SAVITRI
DISTRICT JUDGE (COMMERCIAL COURT)-06:
CENTRAL: TIS HAZARI COURTS:DELHI
CS (COMM.) No. 262/2026
CNR No. DLCT010038652026
M/s Hoshiyar Singh Suresh Chandra Sarees Pvt. Ltd.
Through its Authorized Representative
Mr. Deepak Kumar
Registered Office at:
Surya House, 1421, Gali Kishan Dutt,
Maliwara, Nai Sarak, Chandni Chowk,
Delhi-110006.
...Plaintiff
Vs.
M/s. Sagar Creation
Through its Proprietor
Sh. Sagar Gupta
Karuna Bagh, Fancy Market, Sohsarai,
Biharsharif, Nalanda, Bihar-801301
Mobile No. 7857896410, 7979761261
.....Defendant
Date of Institution : 27.02.2026
Date of Arguments : 17.09.2026
Date of Judgment : 24.09.2026
JUDGMENT
1. This is a commercial suit for recovery of
Rs.3,42,591.50( Rupees Three Lakh Forty Two Thousand Five
Hundred Ninety One and Fifty Paise Only) along with pendente
lite and future interest @ 24 % p.a, as filed by the plaintiff.
2. It is the case of the plaintiff that the plaintiff is a Private
CS (Comm.) No. 262/2026 M/s Hoshiyar Singh Suresh Chandra Sarees Pvt. Ltd. vs. M/s. Sagar Creation
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Limited Company duly incorporated under the Companies Act
and engaged in the business of sale and supply of un-stitched
sarees, suits, lehengas, etc. The Defendant is a sole proprietorship
firm engaged in a similar line of business.
3. Plaintiff and defendant shared long-standing business
relations. The defendant used to place purchase orders upon the
plaintiff for supply of goods on credit basis subject to payment
against each invoice to be made within 30 days. The defendant
accepted the said terms but failed to comply with the same.
4. Upon the request of the defendant, the plaintiff supplied
goods to the defendant from time to time. The plaintiff has
maintained proper, true and regular books of accounts in the
ordinary course of business, duly reflecting all debit and credit
entries including supplies made, sales returns, part-payments,
cheque dishonour charges and other allied transactions. After
giving due and lawful adjustments of all credits and debits, the
last eleven (11) sale invoices remain unpaid and constitute the
subject matter of the present suit.
5. Plaintiff issued a legal demand notice dated 14.06.2024,
which was duly served on the respondent on 18.06.2024 but
despite service, the defendant failed to make payment.
6. Even after failure of pre-institution mediation, the
defendant again assured the plaintiff that he would clear the
entire outstanding amount within six months. However, the
defendant made only two further part-payments of 5,000/- each	₹
on 24.04.2025 and 17.11.2025 respectively.
7. Defendant failed to honour the said assurance.
Consequently, in compliance with Section 12A of the
CS (Comm.) No. 262/2026 M/s Hoshiyar Singh Suresh Chandra Sarees Pvt. Ltd. vs. M/s. Sagar Creation
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Commercial Courts Act, 2015, the Plaintiff initiated pre-
institution mediation on 18.10.2024. Owing to non-participation
of the defendant, a Certificate of Non-Starter was issued on
10.03.2025.
8. After giving due credit of all payments and after lawful
adjustment of all debit and credit entries in the plaintiff's books
of accounts, a sum of Rs.3,42,591.50/- (Rupees Three Lakh
Forty-Two Thousand Five Hundred Ninety-One and Fifty Paise
only) remains outstanding and legally recoverable from the
defendant, hence the present suit.
9. From the perusal of the record, it is revealed that
defendant was duly served through e-mode on 09.05.2026.
Despite that, the defendant neither put its appearance nor filed its
WS. Hence the defendant was proceeded ex-parte on 21.07.2026.
10. The plaintiff led its evidence and examined Sh. Deepak
Kumar, AR of M/s. Hoshiyar Singh Suresh Chandra Sarees Pvt.
Ltd. who tendered his evidence by way of affidavit Ex.PW1/A
and relied upon the following documents:-
i. Copy of Board resolution dated 13.07.2024 as Ex.
PW1/1 (OSR).
ii. Certificate U/s 63 of BSA, 2023 as Ex. PW1/2.
iii. Statement of account/ledger account as Ex. PW1/3
(colly).
iv .Computer generated eleven (11) Tax Invoices bearing
Nos. HSSI19-20/003823 dated 05.06.2019 to HSC122-
23/008052 dated 02.05.2022 as Ex. PW1/4 (colly).
v.Legal demand notice dated 14.06.2024 as Ex. PW1/5.
vi. Postal receipt and tracking report as Ex. PW1/6 (colly).
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vii. GST registration details of defendant as Ex. PW1/7.
viii. Certificate of incorporation of plaintiff company is
marked as Ex. PW1/8 in the affidavit. Same is de-exhibited
as original of the same has not been brought. Same is now
Mark PW1/8.
ix. Non starter report dated 10.03.2025 as Ex. PW1/9.
x. Bilties/delivery receipts as Ex. PW1/10 (colly).
He also relies on plaintiff’s bank account statements of
Kotak Mahindra Bank and HDFC Bank. Same is now Ex.
PW1/11 (colly).
11. I have heard Ld. Counsel for the plaintiff and also gone
through the records of the case.
12. The evidence led by PW-1 has gone unrebutted and
unchallenged and there is nothing on record to disbelieve the
same because the defendant never appeared to defend the suit
despite service. The defendant did not file any WS nor appeared
before this court and the defendant was proceeded ex-parte on
21.07.2026.
13. The present suit for recovery is commercial in nature
and as such squarely falls within the purview of section 2 (1) (c)
of Commercial Courts Act. Plaintiff has also duly complied with
mandatory provisions of pre-institution mediation and
conciliation as provided under section 12A of Commercial
Courts Act.
14. This court has territorial jurisdiction as the goods were
supplied from Delhi, invoices were raised at Delhi, payments
were payable at Delhi and the Plaintiff carries on his business
within the territorial jurisdiction of this Hon'ble Court. This
court has also the pecuniary jurisdiction over the matter since the
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suit amount claimed by the plaintiff is more than the specified
value of Rs.3 lacs of the Commercial Court.
15. Plaintiff had filed an application for pre-institution
mediation before Central District Legal Services Authority
however the defendant failed to participate in the mediation
proceedings, therefore, a Non Starter Report was issued on
10.03.2025. Accordingly, the suit for recovery is maintainable
before this court as there has been compliance of the requirement
of pre- institution mediation in the present suit for recovery that
contemplates no urgent interim relief.
16. From the documents placed on record by PW-1, it is clear
that the defendant used to place purchase orders upon the
plaintiff for supply of goods on credit basis. The defendant made
part payment of Rs.5,000/- on 13.07.2024. Defendant made
further two part payments of Rs.5,000/-each on 24.04.2025 and
17.11.2025. Hence, the plaintiff is entitled for a decree as prayed
for.
17. Therefore, in view of unrebutted and unchallenged oral
and documentary evidence led by plaintiff, this court is of the
opinion that the plaintiff has been able to prove its case for the
decree of recovery of an amount of Rs.3,42,591.50/-(Rupees
Three Lakh Forty Two Thousand Five Hundred Ninety One and
Fifty Paise Only) along with pendente lite and future interest @
24% p,a, towards supply of goods from the defendant No.1.
18. The plaintiff has also claimed pendentelite and future
interest @ 24% per annum on the due amount but the interest @
24% per annum is excessive. Hence, this court is of the
considered view that the interest of justice would be served if the
plaintiff is granted simple interest @ 9% per annum.
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RELIE
19. In view of the forgoing discussion, present suit is
accordingly decreed in favour of the plaintiff and against the
defendant for a sum of Rs.3,42,591.50/-(Rupees Three Lakh
Forty Two Thousand Five Hundred Ninety One and Fifty Paise
Only) alongwith pendente lite and future interest @ 9 % per
annum from the date of filing of suit till date of its realization.
Cost of the suit is also awarded in favour of the plaintiff bank.
20. Decree sheet be prepared accordingly.
21. File be consigned to Record Room after necessary
compliance.
Announced in the op en court
on 24.09.2026
( Dr. Savitri )
District Judge (Commercial Court)-06,
Central District, Tis Hazari Courts, Delhi
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Form ‘A’
List of witnesses
S. No. Name of witness Whether witness of
plaintiff or
defendant
1 Deepak Kumar Plaintiff
List of Documents
Sr.
No
.
Exhibit/
Mark
Date of exhibit Description of Exhibit
1. Ex.
PW1/1
12.08.2026 Copy of Board resolution dated
13.07.2024
2. Ex.
PW1/2
12.08.2026 Certificate U/s 63 of BSA, 2023
3 Ex.PW1/3 12.08.2026 Statement of account/ledger account
6. Ex.PW1/4 12.08.2026 Computer generated eleven (11) Tax
Invoices bearing Nos. HSSI19-
20/003823 dated 05.06.2019 to
HSC122-23/008052 dated
02.05.2022
7. Ex.PW1/5 12.08.2026 Legal demand notice dated
14.06.2024
8. Ex.PW1/6 12.08.2026 Postal receipt and tracking report
11
.
Ex.
PW1/7
12.08.2026 GST registration details of
defendant
12
Ex.PW1/8 12.08.2026 Certificate of incorporation of
plaintiff company
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13 Ex.
PW1/9
12.08.2026 Non starter report dated 10.03.2025
13 Ex.
PW1/10
12.08.2026 Bilties/delivery receipts
14 Ex.PW1/1
1(colly)
12.08.2026 Bank account statements of Kotak
Mahindra Bank and HDFC Bank
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