Final Order 9

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF Sh. RAJESH KUMAR GOEL
District Judge (Commercial Court) -02,
Central, Tis Hazari
DLCT010135542025
CS (COMM.) No. 985/2025
CNR No. DLCT010135542025
Sunny Goel
Proprietor of
M/s Shubham Enterprises
M-5/5200, Gawri Building,
Ist Floor,
G.B Road, Delhi 110006
…...Plaintiff
Versus
Dev Shakti Stone Crusher Private Limited,
Registered office at:
Flat No. 120, First Floor
Block-5 M,
Green Park, City Center, Gwalior,
Madhya PRadesh-474011 …...Defendant
Date of filing of suit : 09.09.2025
Date of Argument : 16.01.2026
Date of Judgment : 16.01.2026
JUDGMENT (Exparte)
1. Vide this judgment, I shall dispose of the
present suit for recovery of Rs. 10,49,850/- (Rs Ten
Lakh Forty Nine Thousand Eight Hundred Fifty
only) filed by the plaintiff Sunny Goel against the
Sunny Goel vs
Dev Shakti Stone Crusher Pvt. Ltd Date of Judgment 16.01.2026 (page no. 1 of 11 )
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defendant Dev Shakti Stone Crusher Private Limited
(herein after referred to as ‘defendant company)’.
FACTUAL MATRIX
2. The brief facts of the case, as made out in the
plaint are that the plaintiff is the proprietor of M/s
Shubham Enterprises and is into the business of
Trading and supplying of SKF Bearing, Ball Bearing,
Koyo Bearing, FAG Bearing, URB Bearing, Fenner
V Belt, Pix V Belt and Thrust Ball Bearing
(hereinafter referred to as “goods”); defendant company
is a private limited company incorporated under
Companies Act; in the month of July,2020 defendant
company approached the plaintiff for the purchase of
Goods and during the financial year 2020-21,
defendant company purchased goods worth Rs
7,43,978/- against which intermittent payment in the
sum of Rs 1,79,938/- was made by the defendant
company leaving an outstanding balance of Rs
5,64,040/-; defendant company during the financial
year 2021-22 purchased goods worth Rs 2,56,897/-
against which invoices were raised by the plaintiff;
defendant company again made part payment of Rs
1,14,460/- leaving balance outstanding in the sum of
Rs 7,06,477/- .
Sunny Goel vs
Dev Shakti Stone Crusher Pvt. Ltd Date of Judgment 16.01.2026 (page no. 2 of 11 )
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3. It is the case of the plaintiff that during the
financial year 2022-23, goods against the invoices to
the tune of Rs 3,89,400/- were supplied to the
defendant company against which defendant
company made part payment of Rs 3,89,500/- leaving
credit outstanding due amount of Rs 7,06,377/-; the
goods were delivered to the defendant company in
safe and sound condition; the goods were lastly
supplied to the defendant company on 17.11.2022
and the last part payment was made by the defendant
company on 17.11.2022 itself; the plaintiff has been
maintaining the running account in the regular course
of business; as per books of account an amount of Rs
7,06,377/- is due and outstanding against the
defendant company; legal notice dated 28.9.2024 was
sent to the defendant company but despite the service
of the legal notice, defendant company failed to clear
the outstanding dues. Hence the present suit was
filed.
4. The plaintiff has also claimed interest @ 18 %
p.a from the date of last invoice i.e 17.11.2022 till
filing of the present suit on the outstanding amount
which comes to Rs 3,43,473/- and thus, a total
amount of Rs 10,49,850/- ( Rs 7,06,377/- as principal
outstanding amount + Rs 3,43,473/- as interest @ 18
Sunny Goel vs
Dev Shakti Stone Crusher Pvt. Ltd Date of Judgment 16.01.2026 (page no. 3 of 11 )
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% from 17.11.2022)) is due and outstanding against
the defendant company.
5. Since, the subject matter of the suit is a
commercial dispute, therefore, the plaintiff is said to
have approached Central District DLSA in terms of
section 12 (A) of the Commercial Court Act, 2015
and the Central DLSA has released a non-starter
report dated 11.07.2025 in pre-institution mediation
process.
6. Record would indicate, that despite the service
of the summons defendant company failed to appear
before this court. Therefore, vide order dated
27.10.2025, defendant company has been proceeded
exparte.
7. In support of his case, plaintiff has examined
himself as PW1 and one Rahul Kumar from the office
of CGST as PW2.
8. PW1 Sunny Goel has filed his evidence by way
of affidavit ExPW1/A and has deposed on the lines of
the averments made in the plaint. He has relied upon
the document i.e copy of registration certificate of the
plaintiff under GST ExPW1/1, Master data record of
the defendant company ExPW1/2, copy of tax
invoices ExPW1/3 (colly), ledger account of defendant
Sunny Goel vs
Dev Shakti Stone Crusher Pvt. Ltd Date of Judgment 16.01.2026 (page no. 4 of 11 )
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company maintained by the plaintiff ExPW1/4, Screen
shot of whatsapp chat ExPW1/5, copy of legal notice
dated 28.09.2024 ExPW1/6, Postal receipts ExPW1/7,
Non-starter report dated 11.07.2025 ExPW1/8 and
Certificate u/s 63 A of BSA, 2023 ExPW1/9.
9. PW2 Rahul Kumar is a summoned witness
from the office of CGST. He deposed that he vide
authority letter ExPW2/A, he has been authorised by
Sh. Mahavir Prasad Meena, Superintendent to
produce the requisite record and accordingly, he
produced the the GSTR-1 returns ExPW2/B (colly)
filed by Sunny Goel in respect of the defendant
company.
10. No other witness was examined by the plaintiff
and the exparte evidence of the plaintiff was closed
on 04.12.2025.
11. Ld. Counsel for the plaintiff submitted that the
case of the plaintiff has gone unchallenged as the
defendant company has chosen not to appear; it also
stands proved that the goods were supplied by the
plaintiff to the defendant company vide invoice,
ExPW1/3 (colly). He further submitted that the PW1
Sunny Goel has proved the relevant documents from
ExPW1/1 to ExPW1/9 and the case of the plaintiff
Sunny Goel vs
Dev Shakti Stone Crusher Pvt. Ltd Date of Judgment 16.01.2026 (page no. 5 of 11 )
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has gone unrebutted.
12. I have gone through the material available on
record and heard the Ld. Counsel for the plaintiff.
13. Section 3 of the Limitation Act,1963 requires
that suits or the proceedings instituted after the
prescribed period of limitation shall be dismissed. It
is a statutory restriction of the right of action to
certain periods of time, after the occurring of the
cause of action beyond which, except in certain
specific cases, it will not be allowed. The plaintiff has
filed the present suit for recovery of money, for
which the limitation is three years from the date when
the cause of action arises.
14. Reverting back to the case at hand, the plaintiff
has filed the present suit on the basis of invoices
ExPW1/3 ( colly) vide which goods were supplied
to the defendant company. The first invoice which is
part of ExPW1/3 (colly) is dated 14.07.2020.
Therefore, the cause of action arose on 14.07.2020.
In case no benefit is to be extended to the plaintiff,
the stipulated period for filing the present suit would
have expired on 13.07.2023. However, in terms of
the directions of the Hon’ble Supreme Court passed
in
Suo Moto Writ Petition 3/2020, the plaintiff has to
Sunny Goel vs
Dev Shakti Stone Crusher Pvt. Ltd Date of Judgment 16.01.2026 (page no. 6 of 11 )
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be given the benefit of the period from 15.3.2020 to
28.2.2022. since, the cause of action has arisen during
the period 15.3.2020 to 28.2.2022, therefore, the
plaintiff would be having balance period of
limitation of three years which would start from
1.3.2022. By that calculation, the limitation period to
file the present suit would expired on 28.2.2025. As
stated herein above, the present suit has been filed on
09.09.2025. Therefore, there is a delay of around 06
months and 8 days.
15. In addition to that, in terms of section 12 A of
the Commercial Act, 2015, the plaintiff has to be
given the benefit for the time spent in Pre-Litigation
Mediation. It has also come on record that before
filing the present suit, the plaintiff had gone for Pre-
Litigation Mediation in terms of section 12 (A) of the
Commercial Court Act, 2015. The plaintiff had
moved an application for pre-litigation mediation and
a non-starter report was issued. The said non-starter
report dated 11.07.2025 ExPW1/8 is on the record,
which indicates that the application for pre-litigation
mediation was moved on 02.12.2024 and the Non
Starter report was issued on 11.07.2025. Meaning
thereby, around 7 months 9 days have been spent
before the Central District Legal Services Authority.
Sunny Goel vs
Dev Shakti Stone Crusher Pvt. Ltd Date of Judgment 16.01.2026 (page no. 7 of 11 )
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The present suit has been instituted on 09.09.2025.
As noted herein above, there was a delay of around
around 6 months and 8 days, which is well within
the period of exclusion. Thus, the present suit has
been instituted within the period of limitation.
16. Even otherwise also, according to the plaintiff,
the plaintiff is maintaining a running/open account
ExPW1/4 of the defendant company. That being so,
the last payment received by the plaintiff from the
defendant company is dated 17.11.2022. Therefore,
the cause of action has arisen on 17.11.2022 also. As
stated herein above, the present case has been filed on
09.09.2025, therefore, on all counts the present suit is
well within the period of limitation, as prescribed
under the law.
17. As per the case set up by the plaintiff,
plaintiff’s firm is having its office at G.B Road,
Delhi 110006; the invoices ExPW1/3 (colly) also bear
address of the plaintiff firm as that of G.B Road,
Delhi 110006, Delhi which falls within the
jurisdiction of this Court. That being
so, this court
has territorial jurisdiction to try and entertain the
present case.
18. Coming to the merits of the case, in order to
Sunny Goel vs
Dev Shakti Stone Crusher Pvt. Ltd Date of Judgment 16.01.2026 (page no. 8 of 11 )
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prove his case, the plaintiff has examined himself as
PW1. He has filed his evidence by way of affidavit
ExPW1/A and has deposed on the lines of the
averments made in the plaint and has proved the
documents from ExPW1/1 to ExPW1/9. From the
testimony of PW1, it has come on record that plaintiff
had supplied the goods to the defendant company
vide invoice ExPW1/3(colly). The supply of the
goods has been supported and corroborated by the
record/ GSTR-1 Return ExPW2/B (colly) produced
by PW2 Rahul Kumar. In the aforesaid GSTR-1
ExPW2/B (colly) return, the invoices raised by the
plaintiff have been duly incorporated. Meaning
thereby, as and when the goods were supplied by the
plaintiff to the defendant company, the same were
uploaded on the GST portal. There is nothing on
record suggesting that it was rebutted or refused by
the defendant company; it has also been established
that as per ledger account ExPW1/4 as maintained by
the plaintiff, an amount of Rs 07,06,377/- is due and
outstanding against the defendant company as on
31.03.2025.
19. The case of the plaintiff has gone unchallenged
as the defendant company has chosen not to appear
before the court and not to contest the suit by filing
Sunny Goel vs
Dev Shakti Stone Crusher Pvt. Ltd Date of Judgment 16.01.2026 (page no. 9 of 11 )
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the written statement. The testimony of PW1 has
gone un-rebutted and un-controverted and there is
nothing on record to disbelieve the same. Thus, the
plaintiff has been able to establish on record that the
defendant company was under legal obligation to pay
principal outstanding amount of Rs 7,06,377/
- to the
plaintiff.
20. The plaintiff has also claimed the interest i.e Rs
3,43,473/- @ 18% p.a from the date of invoice till
filing of the present suit. As per the invoices raised by
the plaintiff ExPW1/3 (colly), one of the conditions
as mentioned therein is that
" 2. Interest @ 18% p.a to
be charges for late payment from invoice date" The
aforesaid invoice already stands proved. Meaning
thereby, the defendant company agreed to the said
terms and conditions pertaining to the rate of interest.
That being so, this court finds no reason to reject the
interest as claimed by the @ 18% on the outstanding
amount.
21. The plaintiff has prayed for pendentelite and
future interest at the same rate i.e 18 % p.a. Keeping
in view the overall facts and circumstances of the
case, Court is of the view that same is on higher side.
Interest of justice would be met by awarding
pendente lite and future interest @ 8% per annum, so
Sunny Goel vs
Dev Shakti Stone Crusher Pvt. Ltd Date of Judgment 16.01.2026 (page no. 10 of 11 )
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is ordered accordingly. .
22. In view of my aforesaid discussion, the Court is
of the view that the plaintiff has been able to prove
his case against the defendant company. Thus, the
suit is decreed in favour of plaintiff and against the
defendant company and following reliefs are
granted:-
(i.) The plaintiff is entitled to recover outstanding
amount of Rs 10,49,850/ ( Rs Ten Lakhs Forty
Nine Thousand Eight Hundred and Fifty only) from
the defendant company
(iii.) The plaintiff is also awarded the pendente-lite and
future interest @ 8% per annum.
(iv) Cost of the suit is also awarded in favour of the
plaintiff .
23. Decree sheet be prepared accordingly.
24. File be consigned to Record Room, after due
compliance.
(Rajesh Kumar Goel)
District Judge (Commercial)-02
Central, Tis Hazari Courts
16.01.2026
Announced in the Open Court
today i.e: 16.01.2026
(digitally signed on 17.1.2026)
Sunny Goel vs
Dev Shakti Stone Crusher Pvt. Ltd Date of Judgment 16.01.2026 (page no. 11 of 11 )
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