Final Order 14

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF SH. ANIL KUMAR SISODIA: DISTRICT
JUDGE (COMMERCIAL COURT)-04, CENTRAL, EXTN.
BLOCK TIS HAZARI COURTS, DELHI
CNR NO.DLCT010070562025
CS COMM NO. 540/2025
M/S HAR LAL GUPT A & SONS
through its Partner
Sh. Krishan Kumar Gupta
414, First Floor, Chitla Gate,
Chawri Bazar, Delhi-110006
..... Plaintiff
Versus
M/S DAUS PACKAGING INDIA (P) LTD.
Through its director Arun Sharma &
Smt. Trishal Sharma,
Khasra no. 396-397,
Near Educrest Public School
Basai, Gurugram (Haryana)-122006
Also at:
Plot No. 218, Sector-8,
IMT, Manesar,
Gurugram (Haryana)-122050
…. Defendant
Date of e-filing of suit: 09.05.2025
Date of reserving for order: 10.04.2026
Date of pronouncement: 10.04.2026
CS COMM 540/25 M/S HAR LAL GUPTA & SONS VS. M/S DAUS PACKAGING INDIA (P) LTD. Page 1/8
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Judgment
1. Plaintiff has filed the commercial suit for recovery of Rs.
20,39,574/- (Rupees Twenty Lakhs Thirty-Nine Thousand Five
Hundred and Seventy -Four only) along with pendente lite and future
interest against the defendant.
2. The case of the plaintiff as stated in the plaint is that plaintiff is
a registered partnership firm and is engaged in the business of all
kinds of paper, paper board merchants and general order suppliers.
3. The defendant approached the plaintiff and placed order for
supply of goods on credit basis which were supplied by the plaintiff.
The plaintiff raised invoices for the said supply and the same were
acknowledged by the defendant. The defendant also made part
payments to the plaintiff. The defendant failed to make the due
payment in spite of repeated requests and demands of the plaintiff.
The plaintiff has been maintaining a regular account in the name of
the defendant and a sum of Rs. 18,58,971/- is due against the
defendant.
4. It is stated that plaintiff has been requesting the defendant to
pay the outstanding amount, but the defendant failed to make the
payment. Thereafter the plaintiff issued a legal notice dated
26.09.2024 to the defendant to pay the outstanding amount but the
defendant failed to make the payment nor sent any reply. It is stated
that after adjusting all the part payments made by the defendant, a
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sum of Rs. 20,39,574/- (i.e. Rs. 18,58,971/- towards the principal
amount and Rs. 1,80,603/- towards the interest @ 18% w.e.f.
01.09.2024 to 31.03.2025 (as per the debit note dated 31.03.2025).
Finding no alternative, the plaintiff has filed the present suit against
the defendant.
5. Defendant was served with the summons of the suit and
defendant filed the WS on 09.07.2025. In the WS, defendant raised
preliminary objections that plaintiff has not approached this court
with clean hands and has suppressed/concealed the material facts
from this court. It is stated that defendant is purchasing packing
material from the plaintiff since September 2019 and during that
period plaintiff has made so many mistakes but defendant always
ignored just for the sake of healthy relationship with the plaintiff. It is
stated that both the parties are very well aware of the prices of the
boards and hence never discussed and all the orders were placed and
all the payments were made through telephonically as defendant
always trusts their business partner like their family. It is stated that
defendant placed the order with the plaintiff and timely payments
were made to the plaintiff. However, on many occasions, plaintiff
manipulated the prices of the board but defendant never raised
complaints regarding the difference of the prices of the board. It is
further stated that in 2024, defendant placed many orders and all the
consignments delivered by the plaintiff failed in quality checks and
when defendant raised a complaint, plaintiff assured to replace the
consignment but failed to do so despite repeated requests of the
defendant. It was stated that the ledger account filed by the plaintiff is
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manipulative and does not show many payments which were made by
the defendant to the plaintiff. The plaintiff also assured to adjust the
amount of Rs. 5,40,490/- after the client of the defendant rejected the
consignment supplied by the plaintiff but filed false and frivolous
case against the defendant. It was further stated that payments of Rs.
2,43,490/- dated 26.12.2023 and Rs. 3,10,000/- dated 22.03.2024 are
missing in the ledger filed by the plaintiff.
On merits, the contents of plaint have been denied and it has
been stated that all the dues and bills raised by the plaintiff were
cleared by the defendant. A prayer has been made for dismissal of the
suit.
6. Plaintiff has filed replication to the WS and has reiterated the
contents of the plaint and has denied the contents contrary to it.
7. After completion of the pleadings, matter was sent to
Mediation Centre for exploring the possibilities of compromise.
However, the matter was returned back and not fit for mediation and
parties could not reach agreement on terms. On 06.01.2026, counsel
for plaintiff submitted that matter had been settled between the
parties, but defendant had suffered heart attack and he had to be
hospitalized. Thereafter, none appeared on behalf of the defendant on
09.02.2026 and 10.03.2026 and defendant was proceeded ex-parte.
The matter was listed for ex-parte plaintiff evidence.
8. To prove its case, plaintiff has examined Sh. Krishan Kumar
Gupta as PW-1 and filed his examination-in-chief by way of affidavit
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Ex. PW-1/A and has reiterated the facts stated in the plaint. The
witness has proved the following documents: -
Sr. No. Document Exhibit
1 Copy of partnership deed (OSR) PW-1/1
2 Copy of Form A & B (OSR) PW-1/2(colly)
3 Copies of invoices PW-1/3(colly)
4 Copy of statement of account PW-1/4
5 Copy of debit note dated 31.03.2025 PW-1/5
6 Copy of legal notice dated 26.09.2024 PW-1/6
7 Postal receipts PW-1/7 (colly)
8 Tracking reports PW-1/8 (colly)
9 Certificate u/O XI Rule 6 CPC PW-1/9
10 Non-Starter report PW-1/10
Thereafter, ex parte PE was closed.
9. I have heard the arguments of Ld. counsel for the plaintiff and
have perused the record carefully.
10. The testimony of PW-1 has remained unassailed and unrebutted
as defendant has not contested the suit. The plaintiff has proved the
partnership deed and Form A and B as Ex.PW-1/1 and PW-1/2 (colly)
The plaintiff has proved on record the invoices vide which the goods
were sold to the defendant as Ex.PW-1/3(colly) and the statement of
account and debit note dated 31.03.2025 have been proved as
Ex.PW-1/4 and Ex.PW-1/5 respectively. The plaintiff has also proved
the legal notice along with postal receipts as Ex.PW-1/6 and PW-1/7
respectively.
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11. Perusal of the record shows that plaintiff has relied upon the
invoices Ex.PW-1/3 (colly) in support of his claim.
S.no Invoice No date Amount (in Rs.)
1 96 06.11.2023 4,81,569.00
2 130 30.11.2023 4,75,622.00
3 203 29.12.2023 4,68,660.00
4 234 11.01.2024 4,86,864.00
5 294 02.02.2024 5,40,490.00
6 310 12.02.2024 5,58,411.00
7 01 01.04.2024 5,23,155.00
Total 35,34,771.00
12. The ledger account Ex.PW-1/4 filed by the plaintiff shows that
after the last payment of Rs.1,00,000/- made by the defendant on
07.08.2024, the outstanding amount against the defendant was
Rs.16,75,512/-.
13. The plaintiff has further calculated interest @ 18% per annum
upto 31.08.2024 Rs.1,83,459/- on the aforesaid amount against the
late payment. However, the plaintiff has not proved any agreement
with the defendant that defendant had agreed for the payment of
interest on the delayed payments. The invoices Ex.PW-1/3 (colly)
contained a term ‘interest @ 18% per annum will be charged, if the
payment is not made within the stipulated period. However, the said
invoices do not bear any signature or seal on behalf of the defendant
in token of acceptance of the said terms and conditions mentioned on
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the invoices Ex.PW-1/3 (colly). Similarly, the debit notes Ex.PW-1/5
dated 31.08.2024 and 31.03.2025 do not bear any signature or seal on
behalf of the defendant accepting the said debit notes. Hence, in the
absence of any agreement between the parties, the unilateral claim of
plaintiff for pre-suit interest on delayed payment @ 18% per annum
cannot be accepted and the same is accordingly rejected. The plaintiff
is held to be entitled to recover only a sum of Rs. 16,75,512/- from
the defendant.
14. The plaintiff has further claimed pendente lite and future
interest @ 18% per annum on the ground that the transaction with the
defendant was commercial in nature. In the absence of any agreement
between the parties on the rate of interest, the claim of the plaintiff
appears to be arbitrary and exorbitant.
15. In Central Bank of India Vs Ravindra & Ors., (2002) 1 SCC
367, it was held that award of interest, pendente lite and post decree is
discretionary with the courts as it is essentially governed by Section
34 of the CPC de-hors the contract.
16. Having regard to the lending rate of interest of the bank for
the commercial transactions, this court is of the view that simple
interest @9% per annum is reasonable and would serve the ends of
restitutive justice. In the circumstances, plaintiff is held entitled to
simple interest @ 9% per annum from the date of filing of the suit till
its realization.
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17. Accordingly, the suit of the plaintiff is decreed. A decree of
Rs. 16,75,512/- is passed in favour of the plaintiff and against the
defendant. The plaintiff shall also be entitled to simple interest on the
aforesaid amount 9% per annum from the date of filing of the suit till
its realization. Plaintiff shall also be entitled to cost of the suit.
Decree sheet be prepared accordingly.
File be consigned to record room after due
compliance.
Announced in the open Court (ANIL KUMAR SISODIA)
Dated : 10.04.2026 District Judge (Commercial Court-04)
Central District, Tis Hazari Courts, Delhi
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